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Kevon OBAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District2018-03-14No. No. 4D16–2629
238 So. 3d 853

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Opinion

majority opinion

Per Curiam.

Appellant, Kevon Obas, challenges his convictions and sentences for two counts of attempted first-degree murder and one count of robbery with a firearm. We affirm appellants convictions and sentences without comment, but write to address appellants third issue.

Appellant argues that the trial courts amended judgment contains a scriveners error inaccurately describing Count II as attempted first-degree murder with the discharge of a firearm causing great bodily harm, although the victim in Count II did not suffer injury. The state concedes this but also points to another scriveners error in Count I, where the trial court erroneously removed the reference to section 775.087(2)(a) 3, Florida Statutes, under which appellant was charged for causing great bodily harm to the victim in Count I.

The record reflects both errors in the written judgment. Accordingly, we affirm appellants convictions and sentences but remand with instructions for the trial court to correct the two scriveners errors. See Ali v. State , 215 So.3d 1250, 1251 (Fla. 4th DCA 2017) (remanding for trial court to correct scriveners error on the final judgment to reflect the offenses for which appellant violated probation); Sweeney v. State , 138 So.3d 1095, 1095 (Fla. 4th DCA 2014) (remanding for trial court to correct statute number on defendants sentence). Appellant need not be present for this ministerial action. See Williams v. State , 697 So.2d 584, 584 (Fla. 4th DCA 1997).

Affirmed; Remanded for correction of scriveners errors.

Taylor, May and Damoorgian, JJ., concur.