Carlos Alberto Enamorado v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledDecember 9, 2022
Docket2D21-1627
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
CARLOS ALBERTO ENAMORADO,
Appellant/Cross-Appellee,
v.
STATE OF FLORIDA,
Appellee/Cross-Appellant.
No. 2D21-1627
December 9, 2022
Appeal from the Circuit Court for Hillsborough County; Laura E.
Ward, Judge.
Howard L. Dimmig, II, Public Defender, and Richard J. Sanders,
Assistant Public Defender, Bartow, for Appellant/Cross-Appellee.
Ashley Moody, Attorney General, Tallahassee, and Blain A. Goff,
Assistant Attorney General, Tampa, for Appellee/Cross-Appellant.
SILBERMAN, Judge.
We affirm Carlos Alberto Enamorado's convictions without
discussion as to the main appeal. As to the cross-appeal, we
cannot address a scrivener's error that "was not preserved either
before this appeal by objection in the trial court or while this appeal
was pending by the filing of a motion to correct sentencing error
pursuant to Florida Rule of Criminal Procedure 3.800(b)(2)."
Perkins v. State, 53 So. 3d 1141, 1141 (Fla. 2d DCA 2011); see also
Fla. R. App. P. 9.140(e). We affirm Enamorado's sentences without
prejudice to any right the State may have to file a rule 3.800(a)
motion in the trial court. See Williams v. State, 957 So. 2d 600, 601
(Fla. 2007) ("[A] claim asserting a discrepancy between an oral and
written sentence is cognizable in a rule 3.800(a) proceeding for
correction of an illegal sentence.").
MORRIS, C.J., and BLACK, J., Concur.
Opinion subject to revision prior to official publication.
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