HOWARD v. STATE (2018)

District Court of Appeal of Florida, Fifth District.

Travis HOWARD, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-940

Decided: December 21, 2018

James S. Purdy, Public Defender, and Sean Kevin Gravel and Thomas J. Lukashow, Assistant Public Defenders, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm Travis Howard’s convictions for attempted manslaughter by act and robbery with a firearm discharge without further comment. However, we remand for entry of an appropriate written competency order, nunc pro tunc, consistent with the trial court’s oral findings. See Rumph v. State, 217 So.3d 1092, 1095 (Fla. 5th DCA 2017). Additionally, the judgment incorrectly lists attempted manslaughter by act as a life felony when it is a third-degree felony. See §§ 777.04(4)(a); 782.07(1), Fla. Stat. (2016). The judgment also lists robbery with a firearm as a first-degree felony when it is a first-degree felony punishable by life. § 812.13(2)(a), Fla. Stat. (2016). On remand, these scrivener’s errors shall be corrected. No resentencing is required.

AFFIRMED and REMANDED.

PER CURIAM.

ORFINGER, TORPY and EVANDER, JJ., concur.

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