GREGORY TROY ANDERSON, A/K/A JAMES COBB, DOC # 514103, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Anderson appealed convictions and sentences after entering a guilty plea to two of three charges. While the court affirmed his convictions and sentences for criminal mischief and culpable negligence, it reversed and remanded because the written judgment ambiguously included an adjudication of guilt on a third charge (throwing a deadly missile) to which Anderson never pleaded guilty.
The court affirmed Anderson's convictions and sentences for criminal mischief and culpable negligence. However, the court reversed the written adjudication to the extent it indicates a conviction for throwing a deadly missile and remanded for entry of a corrected judgment that clearly reflects Anderson neither entered a plea nor was adjudicated on that charge.
[1] A written judgment must accurately reflect the charges to which a defendant pleaded guilty and was adjudicated guilty.
[2] A written judgment adjudicating guilt on a charge to which a defendant did not enter a plea must be corrected.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The plea portion of the one-page form judgment and sentence, however, lists the three counts for which Anderson was charged and indicates that Anderson entered a guilty plea without specifying that Anderson's plea was limited to counts two and three (the charges for criminal mischief and culpable negligence).”
Establishes the defect in the judgment—the failure to limit the plea to specific counts
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Join FLexlaw to unlock all legal intelligenceAnderson was charged with three offenses: throwing a deadly missile at/within/into a building, criminal mischief, and culpable negligence. Pursuant to…
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SALCINES, Judge.
Gregory Troy Anderson appeals several convictions and the sentences entered thereon. He was charged with three offenses and, pursuant to a plea agreement, entered a guilty plea to two of the three offenses — criminal mischief and culpable negligence. The State entered a nolle pro-sequi on the remaining count for which Anderson was charged — throwing a deadly missile at, within, or into a building. We affirm Anderson’s convictions and sentences for criminal mischief and culpable negligence. However, because the corrected written judgment can be read to include an adjudication of guilt on the charge of throwing a deadly missile, we reverse and remand for correction of the judgment.
Anderson did not enter a guilty plea to the charge of throwing a deadly missile. The plea portion of the one-page form judgment and sentence, however, lists the three counts for which Anderson was charged and indicates that Anderson entered a guilty plea without specifying that Anderson’s plea was limited to counts two and three (the charges for criminal mischief and culpable negligence). The corrected written judgment then adjudicates Anderson guilty of “said charge,” again without limiting the adjudication to counts two and three only. Although the sentencing portion of the corrected judgment and sentence adequately indicates that Anderson was sentenced on counts two and three only, it does not rectify the erroneous adjudication of guilt on the charge to which Anderson did not enter a plea. The judgment, including the plea provision, must be corrected to reflect that Anderson entered his plea and was adjudicated guilty on counts two and three only.
Accordingly, we reverse the written adjudication to the extent it indicates a conviction for throwing a deadly missile and remand for the entry of a corrected judgment that clearly reflects that Anderson neither entered a plea nor was adjudicated on the charge of throwing a deadly missile. We affirm Anderson’s convictions and sentences in all other respects.
Affirmed in part, reversed in part, and remanded with directions.
DAVIS and VILLANTI, JJ., Concur.
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McCraney v. State, 207 So. 3d 1023 (Fla. 5th DCA 2017)…he plea colloquy. Although Appellant did not raise this issue below, the State properly concedes that a judgment adjudicating a defendant guilty of an offense to which he or she did not plead constitutes fundamental error. See, e.g., Brown v. State, 960 So. 2d 906, 905-06 (Fla. 2d DCA 2007). Accordingly, we reverse and remand for the trial court to vacate Appellant’s conviction and sentence for criminal mischief. We affirm in all other respects. AFFIRMED in part; REVERSED in part; REMANDED with Instructions…