GEORGE C. MITCHLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2007-10-03
No. 4D06-3881
SHAHOOD, C.J., GUNTHER and WARNER, JJ., concur.
965 So. 2d 1238 Florida District Court of Appeal, Fourth District (2007) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an Anders appeal in which we affirm the judgment and sentence. Anders v.. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Though appellant filed an initial brief, his issues should be presented in a timely motion filed in accordance with Florida Rule of Criminal Procedure 3.850. We note that the amended judgment, while correctly identifying the offense of which appellant was convicted as attempted second degree murder, incorrectly references the offense as a first degree felony and also indicates that judgment was the result of a plea. We remand for the trial court to correct these scrivener’s errors.

SHAHOOD, C.J., GUNTHER and WARNER, JJ., concur.

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  • Curtis v. State, 995 So. 2d 1164 (Fla. 4th DCA 2008)
    …A 2007). We also remand for correction of a scrivener’s error in the judgment which erroneously states that appellant was tried and found guilty, when the record shows that he entered a plea to and admitted violation of probation. Mitchley v. State, 965 So. 2d 1238 (Fla. 4th DCA 2007). Affirmed, with Limited Remand. FARMER, SHAHOOD and HAZOURI, JJ., concur.…
  • Reilly v. State, 102 So. 3d 680 (Fla. 1st DCA 2012)
    …d or tacitly withdrew the earlier motions” for a Nelson hearing. The state further asserts that Reilly “presumably” [*682] informed his appellate counsel about this issue and counsel was not ineffective for failing to raise it. In Flowers v. State, 965 So. 2d 1238 (Fla. 1st DCA 2007), this court granted relief as to a similar claim of ineffective assistance of appellate counsel. In Flowers, Petitioner’s second claim [was] that a hearing conducted pursuant to Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973…

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