Marion v. State

CASANUEVA, Judge.

Roosevelt Marion, Jr.’s Anders1 counsel pointed out that the sentencing documents erroneously reflect that Mr. Marion is to serve a three-year habitual felony offender sentence consecutive to an eight-year guidelines term. When habitual and guidelines sentences are imposed consecutively, the habitual sentence is to be served first to preserve the defendant’s entitlement, if any, to control release. Hall v. State, 821 So.2d 1154, 1155 (Fla. 2d DCA 2002) (citing Smith v. State, 682 So.2d 95, 97 (Fla. 2d DCA 1994)). Because this appears to be a scrivener’s error, we remand for…