ADDIE LORETTA DANIELS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the written judgment must be corrected to accurately reflect the crime to which the defendant pleaded nolo contendere.
The defendant pleaded nolo contendere to attempted second-degree murder without a firearm in exchange for a plea agreement. The written judgment, howe…
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PER CURIAM.
This cause is before us on appeal from a judgment and sentence entered upon a plea of nolo contendere to attempted second degree murder without a firearm or weapon. The Public Defender filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), finding no error in the record below. We find error in the record and remand for correction of the written judgment, which incorrectly shows the crime of attempted first degree murder. By information, defendant was charged with attempted first degree murder with a firearm. In exchange for a term of probation, including $6,000 in restitution and another 364 days in the county jail, defendant entered a negotiated plea without reservation of nolo contendere to attempted second degree murder without a firearm or weapon. The plea was accepted, defendant was adjudicated guilty, and she was sentenced to five years of probation to start after her jail term.
Rule 9.140(b), Florida Rules of Appelate Procedure, and Section 924.06(3), Florida Statutes, provide that a defendant may not appeal from a judgment entered upon a plea of nolo contendere without an express reservation of the right of appeal. However, the record reflects that the written judgment incorrectly shows the crime of attempted first degree murder. We remand with directions to correct the judgment to reflect the correct crime to which defendant pled nolo contendere.
BOOTH, C.J., and MILLS and JOANOS, JJ., concur.
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Cited By
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Hughes v. State, 565 So. 2d 354 (Fla. 1st DCA 1990)…ny justiciable issues and are subject to dismissal. See Robinson; Skinner. There are exceptions, of course, when appellant can articulate an issue or issues [*356] identified in Robinson as appealable under these circumstances. See Daniels v. State, 476 So. 2d 304 (Fla. 1st DCA 1985) (correction of written judgment); Wickett v. State, 467 So. 2d 430 (Fla. 4th DCA 1985) (sentence exceeded maximum penalty for crime to which appellant pled guilty); Knowlton v. State, 466 So. 2d 278 (Fla. 4th DCA), review denied,…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)