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Joshua BROUGHTON, Appellant, v. The STATE of Florida, Appellee.
Affirmed. See Monroe v. State, 201 So. 3d 70, 71 (Fla. 3d DCA 2015) (“[A] defendant cannot properly [establish the imposition of a habitual offender sentence was illegal] under rule 3.800(a) where he fails to affirmatively allege that the predicate prior convictions do not exist as a matter of law.”) (citations omitted); see also Malone v. State, 225 So. 3d 335 (Fla. 3d DCA 2017) (As “the error was a scrivener's error, not judicial error, which when corrected will not affect the defendant's sentence ․ , the judgment may be corrected without conducting a new sentencing hearing.”); Rolling v. State, 215 So. 3d 70 (Fla. 3d DCA 2016) (The “failure to object to a technical deficiency in the charging document prior to the jury's verdict constitutes a waiver.”) (citations omitted); Delgado v. State, 43 So. 3d 132, 134-35 (Fla. 3d DCA 2010) (finding information that stated the “defendant possessed a firearm” and cited to section 775.087, Florida Statutes, was sufficient to allow for enhancement of actual possession of a firearm).
PER CURIAM.
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Docket No: No. 3D19-2088
Decided: August 12, 2020
Court: District Court of Appeal of Florida, Third District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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