LYONS v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

James Edward LYONS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-2069

Decided: September 14, 2020

Eneid Bano, of The Orlando Law Firm P.L., Casselberry, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm the denial of Appellant's motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 without discussion. However, we remand for correction of a scrivener's error. While the title of the order and the substantive findings reflect denial of the rule 3.850 motion, the “ordered and adjudged” portion of the order merely reads, “The defendant's motion for postconviction relief is.” We remand for insertion of the word “denied.”

AFFIRMED and REMANDED.

I agree that the order denying Appellant's motion for postconviction relief should be affirmed. However, I would not remand for insertion of the word “denied” because I do not view that omission as either raised or reversible error.

PER CURIAM.

ORFINGER and LAMBERT, JJ., concur. SASSO, J., concurring in part and dissenting in part, with opinion.

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