Rodney C. Mountjoy v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED RODNEY CRAIG MOUNTJOY, Appellant, v. Case No. 5D17-2676 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed October 27, 2017 3.800 Appeal from the Circuit Court for Osceola County, Elaine A. Barbour, Judge. Rodney Craig Mountjoy, Perry, pro se. No Appearance for Appellee. PER CURIAM. We affirm the postconviction court’s denial of Appellant’s Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. See Anderson v. State, 42 Fla. L. Weekly D1870 (Fla. 1st DCA Aug. 28, 2017). However, we note that the judgment and sentence contains a scrivener’s error. The judgment and sentence reflects that Appellant was charged and convicted of trafficking in 28 grams or more of oxycodone, when he was actually charged and convicted of trafficking in 28 grams or more of hydrocodone. We therefore remand with directions that the court correct the judgment and sentence. AFFIRMED; REMANDED to correct scrivener’s error. ORFINGER, BERGER and LAMBERT, JJ., concur.

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