DARIEN FLOWERS, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DARIEN FLOWERS, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D08-2328 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed September 10, 2009. An appeal from the Circuit Court for Duval County. Charles W. Arnold, Judge. Nancy A. Daniels, Public Defender, and Pamela D. Presnell, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Darien Flowers, Appellant, pled guilty to armed robbery. He appeals the judgment and sentence. We affirm in all respects, but we remand for correction of a scrivener s error appearing in the written judgment. The written judgment erroneously lists Appellant s crime as a life felony, rather than a first-degree felony punishable by life imprisonment. See § 812.13(2)(a), Fla. Stat. (2007). Appellant need not be present for the correction of this scrivener s error. See Netterville v. State, 673 So. 2d 986, 986 (Fla. 1st DCA 1996). AFFIRMED and REMANDED with directions. WEBSTER, DAVIS, and LEWIS, JJ., CONCUR. 2

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