HARRIS v. STATE OF FLORIDA (2025)

After a jury trial in 1997, appellant Dominick Harris was found and adjudicated guilty of kidnapping, sexual battery, robbery and carjacking, all while armed, and sentenced to a term of life. While his written judgment form contained an impression of his fingerprints, Harris’ social security number was omitted from the judgment. Twenty-six years later, Harris filed a motion to amend his written judgment, contending that section 921.241(4), Florida Statutes (1997), required that the defendant's social security number be affixed in open court to every written judgment of guilty of a felony, or the reason for its absence be indicated. The State did not oppose this motion and the trial court entered a written order granting the relief requested. Nevertheless, Harris filed an appeal with this court seeking review of the order fully granting his requested relief. Because the order was not adverse to him, we hereby dismiss the appeal. See Booker v. State, 400 So. 3d 716, 717 (Fla. 3d DCA 2024) (first citing Credit Indus. Co. v. Remark Chem. Co., 67 So. 2d 540, 541 (Fla. 1953); and then citing Earl v. State, 276 So. 3d 359, 361 (Fla. 1st DCA 2019), approved, 314 So. 3d 1253 (Fla. 2021)).¹

Dismissed.

FOOTNOTES

1.   For the first time on appeal, Harris contends that this procedural error required that the judgment be entered in his presence, alleging that without this the judgment is void. We find no merit in this claim. See Wilson v. State, 333 So. 3d 312, 313 (Fla. 1st DCA 2022) (citing Jones v. State, 569 So. 2d 1234, 1238 (Fla. 1990) (finding “no merit” to claim for relief based on trial judge's failure to affix defendant's fingerprints to judgment of guilt as required by section 921.241)); Nevels v. State, 6 So. 3d 117 (Fla. 4th DCA 2009) (citing Ramos v. State, 429 So.2d 318 (Fla. 2d DCA 1981) (affirming conviction and sentence, but vacating judgment without fingerprints affixed and remanding for entry of formal judgment)).

PER CURIAM.