RAFAEL A. CARRION v. STATE OF FLORIDA, 18-4289

Rafael A. Carrion was convicted by a jury of second-degree murder, aggravated manslaughter, and aggravated child abuse; the district court affirmed the convictions and sentences.
The written judgment erroneously failed to indicate the convictions were the result of a jury trial (a scrivener's error), and the State concedes that error.
Carrion did not preserve the error in the trial court and did not file a Florida Rule of Criminal Procedure 3.800(b) motion while the appeal was pending.
The court held that scrivener's errors in written judgments/sentences are the type of clerical errors correctable under rule 3.800(b), per the rule's commentary and precedent.
Because Carrion did not seek correction below or via a 3.800(b) motion on appeal, the court declined to correct the judgment itself and affirmed, but left Carrion free to file a timely 3.800(b) motion in the trial court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court should correct a scrivener's error in the written judgment that fails to show a jury verdict	Carrion: the written-judgment error is clerical and should be corrected on appeal (not a "sentencing" error)	State: concedes error but argues correction must be pursued via rule 3.800(b) in trial court; preservation required	Court: error is a scrivener's error correctable under rule 3.800(b), but Carrion failed to preserve it; affirmed convictions and sentences and allowed Carrion to seek relief by filing a timely 3.800(b) motion

Perkins v. State, 53 So. 3d 1141 (Fla. 2d DCA 2011) (preservation required before appellate correction under rule 3.800(b))
Del Rosario v. State, 306 So. 3d 327 (Fla. 3d DCA 2020) (affirming with leave to file rule 3.800(b) motion despite State's concession)
Allen v. State, 739 So. 2d 166 (Fla. 3d DCA 1999) (remand to correct clerical error in written order)
Florczak v. State, 712 So. 2d 467 (Fla. 4th DCA 1998) (remand to correct written-judgment error inconsistent with record)
Ashley v. State, 850 So. 2d 1265 (Fla. 2003) (defining scrivener's error and referencing rule 3.800(b))
Taylor v. State, 242 So. 3d 1203 (Fla. 5th DCA 2018) (remanding to correct judgment that failed to note defendant was tried by jury)
Bartee v. State, 741 So. 2d 644 (Fla. 4th DCA 1999) (remanding to correct judgment that erroneously indicated a plea)
Devlin v. State, 224 So. 3d 803 (Fla. 2d DCA 2017) (remand to correct judgment; unclear if 3.800(b) motion was filed)
Willingham v. State, 48 So. 3d 173 (Fla. 2d DCA 2010) (remand to correct scrivener's error)