MONTRELL D. GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2007-06-06
No. 2D06-894
STRINGER and KELLY, JJ., Concur.
956 So. 2d 1278 Florida District Court of Appeal, Second District (2007) Positive Treatment
Cited by 4 cases
Topics
Anders Appeal Scrivener'S Error

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Opinion of the Court
DAVIS, Judge.

DAVIS, Judge.

In this Anders appeal,1 Montrell D. Green’s appellate counsel and Green, pro se, challenge Green’s convictions and sentences for two counts of robbery with a weapon, kidnapping, and home invasion robbery with a weapon. Following a thorough review of the record on appeal and having considered the issues raised by both counsel and Green, pro se, we have found no harmful, reversible error. We write only to direct that the scrivener’s error in the written judgment on count two be corrected on remand. Although the jury verdict reflects that on count two Green was found guilty of simple robbery, which is a second-degree felony, and the trial court orally adjudicated him guilty of simple robbery, the written judgment improperly designates count two as robbery with a weapon, a first-degree felony. Because this error did not compromise Green’s conviction or sentence in count two, we affirm Green’s convictions and sentences, but we remand for correction of the written judgment in count two to reflect the jury verdict.

Affirmed and remanded with instructions.

STRINGER and KELLY, JJ., Concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

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  • Harrison Bradley Margolis v. State, 148 So. 3d 532 (Fla. 2d DCA 2014)
    …iolations of conditions 2, 7, and 35 of his probation. We therefore remand for the limited purpose of the entry of a corrected order of revocation to accurately reflect the conditions of probation Margol-is admitted to violating. See Green v. State, 956 So. 2d 1278, 1278 (Fla. 2d DCA 2007). Affirmed but remanded. KHOUZAM and MORRIS, JJ., Concur.…
  • Dixie Lynn Murphy v. State, 977 So. 2d 748 (Fla. 2d DCA 2008)
    …er statute, section 316.193(3)(c)(3)(A), Florida Statutes (2004). Thus, we affirm the convictions and sentences, but we remand for the correction of the written judgment to reflect the offense of DUI manslaughter for count two. See Green v. State, 956 So. 2d 1278 (Fla. 2d DCA 2007) (remanding for correction of scrivener’s error in written judgment in an Anders appeal). Affirmed and remanded with instructions. NORTHCUTT, C.J., and YILLANTI, J., Concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 139…

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