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Case Number: 3D20-35
Judge: Per Curiam
Court: Florida court of Appeals, Third District on appeal from the Circuit Court of Miami-Dade County
Plaintiff's Attorney: Miami-Dade County State's Attorney's Office
Description: Miami, Florida criminal defense lawyers represented Defendant charged with attempted second degree murder with a firearm and possession of a firearm by a convicted felon.
Jorge Fabian Feliciano Ramos appeals a final judgment of conviction and sentence for attempted second-degree murder with a firearm and possession of a firearm by a convicted felon. We affirm the judgment without discussion and write only to address a scrivener's error within it. See Ashley v. State, 850 So.2d 1265, 1268 n.3 (Fla. 2003) (defining scrivener's error as written clerical error that is not "the result of a judicial determination or error"). The judgment erroneously lists the attempted second-degree murder with a firearm conviction as a life felony when it is a felony of the first degree. The state properly concedes error. We therefore remand for the correction of the scrivener's error and affirm in all other respects. The defendant need not be present for this ministerial correction of the judgment. See Lowery v. State, 294 So.3d 464 (Fla. 1st DCA 2020).
Outcome: Affirmed; Remanded with instructions.