Opinion
No. 3D19-2088
08-12-2020
Joshua BROUGHTON, Appellant, v. The STATE of Florida, Appellee.
Joshua Broughton, in proper person. Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for appellee.
Joshua Broughton, in proper person.
Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for appellee.
Before SCALES, MILLER, and GORDO, JJ.
PER CURIAM.
Affirmed. See Monroe v. State, 201 So. 3d 70, 71 (Fla. 3d DCA 2015) ("[A] defendant cannot properly [establish the imposition of a habitual offender sentence was illegal] under rule 3.800(a) where he fails to affirmatively allege that the predicate prior convictions do not exist as a matter of law.") (citations omitted); see also Malone v. State, 225 So. 3d 335 (Fla. 3d DCA 2017) (As "the error was a scrivener's error, not judicial error, which when corrected will not affect the defendant's sentence ... , the judgment may be corrected without conducting a new sentencing hearing."); Rolling v. State, 215 So. 3d 70 (Fla. 3d DCA 2016) (The "failure to object to a technical deficiency in the charging document prior to the jury's verdict constitutes a waiver.") (citations omitted); Delgado v. State, 43 So. 3d 132, 134-35 (Fla. 3d DCA 2010) (finding information that stated the "defendant possessed a firearm" and cited to section 775.087, Florida Statutes, was sufficient to allow for enhancement of actual possession of a firearm).