Background
Wesly Dalmas appealed his convictions and sentences from the Circuit Court for Polk County. He also filed a Florida Rule of Criminal Procedure 3.800(b)(2) motion seeking correction of sentencing errors apparent on the face of the judgment and probation order.
The judgment identified count three as possession of a weapon by a convicted felon. The probation order stated that Dalmas had been found guilty by jury verdict.
The Court’s Holding
The Sixth District affirmed Dalmas’s convictions and sentences. It did not identify any reversible error affecting the convictions or sentences.
The court remanded solely to correct two scrivener’s errors. Count three must instead be designated as possession of a weapon by a delinquent, and the probation order must state that Dalmas was found guilty by guilty plea, rather than by jury verdict. Dalmas need not be present for those corrections.
Key Takeaways
- The convictions and sentences were affirmed.
- A Rule 3.800(b)(2) motion may be used to correct facial clerical errors in sentencing documents.
- On remand, the trial court must correct the count-three offense designation and the stated basis for guilt in the probation order.
Why It Matters
The decision distinguishes between errors requiring reversal and clerical inaccuracies that can be corrected on remand without disturbing otherwise valid convictions and sentences. It also confirms that a defendant need not be present for these ministerial corrections.