WESTBROOK v. STATE (2019)

District Court of Appeal of Florida, Third District.

Ananias WESTBROOK, Appellant, v. The STATE of Florida, Appellee.

No. 3D19-526

Decided: June 19, 2019

Before FERNANDEZ, LOGUE, and MILLER, JJ.

Ananias Westbrook, in proper person. Ashley Moody, Attorney General, and Linda Katz, Assistant Attorney General, for appellee.

Appellant, Ananias Westbrook, challenges his sentence for armed robbery with a deadly weapon. We find no merit in the single issue raised by the appellant on appeal, thus we affirm. However, as the written judgment incorrectly lists armed robbery with a deadly weapon as a first-degree felony rather than a first-degree felony punishable by life imprisonment, we remand with instructions to correct this scrivener's error. See § 812.13(2)(a), Fla. Stat. (1993). The appellant need not be present for the correction. See, e.g., Cook v. State, 947 So. 2d 1207, 1207 (Fla. 1st DCA 2007).

Affirmed and remanded with instructions.

PER CURIAM.

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