Vicente Del Rosario v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJuly 1, 2020
Docket3D19-1559
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed July 1, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1559
Lower Tribunal No. 14-15774B
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Vicente Del Rosario,
Appellant,
vs.
The State of Florida,
Appellee.
An appeal conducted pursuant to Anders v. California, 386 U.S. 738 (1967),
from the Circuit Court for Miami-Dade County, Charles K. Johnson, Judge.
Vicente Del Rosario, in proper person.
Ashley Moody, Attorney General, and Michael W. Mervine, Assistant
Attorney General, for appellee.
Before SCALES, LINDSEY and GORDO, JJ.
PER CURIAM.
We affirm appellant Vicente Del Rosario’s conviction and sentence, without
prejudice to appellant filing a timely motion to correct what the State concedes is a
scrivener’s error in the sentencing order. 1 See Fla. R. Crim. P. 3.800(b); Perkins v.
State, 53 So. 3d 1141, 1141 (Fla. 2d DCA 2011) (“We cannot address this apparent
[scrivener’s] error in this appeal because it 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). . . . However, our affirmance is without prejudice to any right
Perkins may have to raise this apparent error in the trial court.”).
Affirmed.
1
The sentencing order imposes a fine pursuant to section 775.083 of the Florida
Statutes rather than section 893.135(b)1.a. of the Florida Statutes.
2