CLARENCE BERRY
v.
STATE OF FLORIDA
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A judgment containing a scrivener's error that reflects a guilty plea instead of a nolo contendere plea, when the plea agreement and colloquy transcript establish the defendant pleaded nolo contendere, must be remanded for ministerial correction.
[1] A judgment reflecting a guilty plea when the plea agreement and colloquy transcript establish a nolo contendere plea constitutes a scrivener's error remediable by ministe…
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Join FLexlaw to unlock all legal intelligence“a scrivener's error as a written clerical error that is not 'the result of a judicial determination or error'”
Definition of scrivener's error from Ashley v. State
Appellant pleaded nolo contendere to charges, reserving the right to appeal the denial of his motion to suppress. The judgment incorrectly indicated h…
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PER CURIAM.
Upon review pursuant to Anders v. California, 386 U.S. 738 (1967), we find no reversible error and affirm Appellant’s judgment and sentence. We write only to correct a scrivener’s error in the judgment. See Ashley v. State, 850 So. 2d 1265, 1268 n.3 (Fla. 2003) (defining a scrivener’s error as a written clerical error that is not “the result of a judicial determination or error”). Appellant’s judgment indicates that he pleaded guilty to the charges. However, Appellant’s plea form and plea colloquy transcript indicate that he pleaded nolo contendere, reserving the right to appeal the denial of his motion to suppress. On remand, the trial court shall correct the judgment to reflect Appellant’s nolo contendere plea. See Jones v. State, 288 So. 3d 769, 769–70 (Fla. 1st DCA 2020) (remanding for correction of a scrivener’s error where the judgment and sentence indicate the appellant pleaded no contest to the charges, but the plea agreement and plea colloquy indicate he pleaded guilty); Johnson v. State, 321 So. 2d 119, 120 (Fla. 1st DCA 1975) (remanding where the judgment reflected a plea of guilty instead of nolo contendere as reflected in the transcripts).
Appellant need not be present for this ministerial correction to the judgment. See Wolk v. State, 320 So. 3d 230, 230–31 (Fla. 1st DCA 2021); Harvis v. State, 252 So. 3d 418, 418 (Fla. 1st DCA 2018).
AFFIRMED and REMANDED for correction of a scrivener’s error. RAY, OSTERHAUS, and M.K. THOMAS, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Columbus Rickey Ashley v. State, 850 So. 2d 1265 (Fla. 2003)
- Johnson v. State, 321 So. 2d 119 (Fla. 1st DCA 1975)
- Harvis v. State, 252 So. 3d 418 (Fla. 1st DCA 2018)
- Jones v. State, 320 So. 3d 230 (Fla. 1st DCA 2024)