DEL ROSARIO v. STATE (2020)

District Court of Appeal of Florida, Third District.

Vicente DEL ROSARIO, Appellant, v. The STATE of Florida, Appellee.

No. 3D19-1559

Decided: July 01, 2020

Before SCALES, LINDSEY and GORDO, JJ.

Vicente Del Rosario, in proper person. Ashley Moody, Attorney General, and Michael W. Mervine, Assistant Attorney General, for appellee.

We affirm appellant Vicente Del Rosario's conviction and sentence, without prejudice to appellant filing a timely motion to correct what the State concedes is a scrivener's error in the sentencing order.¹ See Fla. R. Crim. P. 3.800(b); Perkins v. State, 53 So. 3d 1141, 1141 (Fla. 2d DCA 2011) (“We cannot address this apparent [scrivener's] error in this appeal because it was not preserved either before this appeal by objection in the trial court or while this appeal was pending by the filing of a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2)․ However, our affirmance is without prejudice to any right Perkins may have to raise this apparent error in the trial court.”).

Affirmed.

FOOTNOTES

1. The sentencing order imposes a fine pursuant to section 775.083 of the Florida Statutes rather than section 893.135(b)1.a. of the Florida Statutes.

PER CURIAM.

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