RIVAS v. STATE (2022)

Appellant, Lelis Antonio Munos Rivas, appeals his conviction for battery, arguing that the lower court abused its discretion in denying his motion for mistrial after the State improperly commented on his right to remain silent. He further argues that this Court should remand for correction of the final judgment, which states Appellant entered into a no-contest plea when he was actually convicted by a jury.

We affirm in all respects and write to specifically discuss Rivas’ request that we remand the final judgment for correction of a scrivener's error. Rivas did not preserve this argument either before this appeal by objection in the trial court or while this appeal was pending in his motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). Because Rivas failed to preserve this issue for our review, we affirm Rivas’ judgment and sentence without prejudice to Rivas seeking additional relief if he can do so in good faith. See generally Carrion v. State, ––– So.3d ––––, 46 Fla. L. Weekly D2083, 2021 WL 4301082 (Fla. 2d DCA Sept. 22, 2021) (holding that appellant failed to preserve, for appellate review, issue of whether scrivener's error in trial court's judgment had to be corrected to indicate he was found guilty by a jury in connection with defendant's second-degree murder, aggravated manslaughter, and aggravated child abuse conviction, since he did not object to the error before the trial court or file a motion to correct a sentencing error while his appeal was pending).

AFFIRMED.

SASSO, J.

WALLIS, J., concurs. HARRIS, J., dissents, without opinion.