Bobby Lee Saviory v. State of Florida

Summary

The Sixth District Court of Appeal of Florida affirmed a corrected written sentence in Bobby Lee Saviory’s criminal case. The court held that the trial court had orally imposed legal sentences, and that correcting a scrivener’s error in the written sentencing documents was a ministerial correction rather than a resentencing requiring appointment of counsel. The opinion also addressed the scope of the prior remand concerning Saviory’s Florida Rule of Criminal Procedure 3.800(a) motion.

Holdings

1. The successor postconviction court did not conduct a resentencing requiring appointment of counsel; it performed the ministerial task of correcting written sentencing documents to conform to the legal sentence orally imposed at the original sentencing.
2. Saviory was not entitled to correction of an illegal sentence because the sentence orally imposed by the trial court was legal; the written judgment could be corrected to reflect that oral sentence.

Questions Presented

1. Whether the successor postconviction court conducted an impermissible resentencing without appointing counsel when it corrected the written sentencing documents after reviewing the original sentencing transcript.
2. Whether Saviory was entitled to relief under Florida Rule of Criminal Procedure 3.800(a) when the oral sentence was legal but the written sentence contained a scrivener's error.

Disposition

affirmed