COAKLEY v. STATE (2022)

District Court of Appeal of Florida, First District.

Levon COAKLEY, Appellant, v. STATE of Florida, Appellee.

No. 1D21-0436

Decided: March 30, 2022

Jessica J. Yeary, Public Defender, and Megan Lynne Long, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.

We quash the amended judgment and sentence as it was entered without jurisdiction. We affirm the original judgment and sentence but remand to the trial court to correct a scrivener's error. Byrd v. State, 266 So. 3d 883 (Fla. 5th DCA 2019). The oral pronouncement of Appellant's conviction for possession of a firearm by a convicted felon included a three-year minimum mandatory sentence, but the written judgment did not. It is not necessary for Appellant to be present for the purpose of correcting this error.

Affirmed; Amended Judgment Quashed; Remanded for Correction of Scrivener's Error.

Per Curiam.

Osterhaus, Winokur, and Long, JJ., concur.

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