CHAVEZ v. STATE (2024)

District Court of Appeal of Florida, Sixth District.

Excer Lopez CHAVEZ, Appellant, v. STATE of Florida, Appellee.

Case No. 6D2023-1859

Decided: August 09, 2024

Howard L. “Rex” Dimmig, II, Public Defender, and Terrence E. Kehoe, Special Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

Excer Lopez Chavez appeals his conviction for lewd or lascivious battery imposed after jury trial. Concluding that Chavez has not shown harmful error regarding his conviction, we affirm.

We do, however, agree with Chavez that ministerial errors appear on the face of the judgment that should be corrected. Accordingly, on remand, the trial court is directed to amend the written judgment to include that Chavez was tried by a jury and to correct the statutory citation to show that Chavez was convicted of violating section 800.04(4)(a)1., Florida Statutes. Lastly, as Chavez was found not guilty on a second count, the judgment of not guilty should be recorded. See Fla. R. Crim. P. 3.670(a) (“If the defendant is found not guilty, a judgment of not guilty must be rendered in open court and in writing, signed by a judge, filed, and recorded.”). Chavez's presence is not required when the judgment is corrected as indicated.

AFFIRMED; REMANDED for ministerial corrections to the judgment.

PER CURIAM.

STARGEL and SMITH, JJ., and LAMBERT, B.D., Associate Judge, concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law