Howard v. State

Jovan Howard appeals an order summarily denying his “motion to correct the record,” which he filed pursuant to section 901.36(3)(b), Florida Statutes (2003). He sought to correct record documents, relating to his criminal conviction, which erroneously showed an alias, “Gerald Gordon,” that he never used.1 We reverse the order of denial and direct the trial court on remand to treat the motion as a rule 1.540(a) motion to correct clerical mistakes in the court’s records, and to reconsider it on the merits.

In 2006, Howard was charged by information with burglary of a dwelling, which occurred in…