Jose Gomez-Feliciano v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JOSE GOMEZ-FELICIANO, Appellant, v. Case No. 5D12-4201 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 5, 2013 3.800 Appeal from the Circuit Court for Orange County, Bob Leblanc, Judge. Jose Gomez-Feliciano, Perry, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee. GRIFFIN, J. Appellant, Jose Gomez-Feliciano, appeals the trial court's summary denial of his "Motion to Correct Illegal Sentence" filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We find no merit in any issue raised by appellant and affirm. however, note a scrivener's error in the written sentence on Count II. We do, Although appellant was adjudicated a habitual violent felony offender ["HVFO"] on several of the counts of which he was convicted (Counts I, III, IV and V), the sentencing transcript shows that he was not sentenced as an HVFO on Count II. We accordingly remand for removal of the HVFO designation on Count II only. AFFIRMED; sentence remanded for correction. ORFINGER and WALLIS, JJ., concur. 2

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