MARTINEZ v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Arnaldo MARTINEZ, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-1756

Decided: September 10, 2021

Arnaldo Martinez, Florida City, pro se. No Appearance for Appellee.

Appellant, Arnaldo Martinez, appeals from the order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the denial without further discussion.

However, we remand for correction of a scrivener's error. The postconviction court ordered correction of the judgment on counts four and six to reflect the substantive statutes under which Martinez was convicted. While the judgment was amended on June 30, 2021, it remains incorrect. Per the postconviction court's June 25, 2021 order, the judgment on count four should reflect that Martinez was found guilty under section 896.101(3)(a)1., Florida Statutes (2009), and the judgment on count six should reflect he was found guilty under section 896.104(2)(c), Florida Statutes (2009).

AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENER'S ERROR.

PER CURIAM.

EDWARDS, TRAVER, AND WOZNIAK JJ., concur.

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