WILLIE SIMMONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Willie F. Simmons (“Appellant”) appeals the trial court’s final order imposing a judgment and sentence after an open plea of no contest. We have reviewed the record and Appellant’s pro se brief. We grant appellate counsel’s motion to withdraw filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm the conviction and sentence.
Nonetheless, we remand with directions to correct a scrivener’s error in the judgment. Appellant was charged with, entered a plea to, and was sentenced for failure to redeliver a hired vehicle in violation of section 817.52(3), Florida Statutes (2009). The judgment, however, reflects a conviction for failure to redeliver a hired or leased property of $300 or more in violation of section 812.155(3), Florida Statutes (2009). See McKeliver v. State, 45 So.3d 934 (Fla. 4th DCA 2010) (affirming and remanding with directions to correct the scrivener’s error in the written sentence in an Anders appeal); Murphy v. State, 977 So.2d 748 (Fla. 2d DCA 2008) (affirming and remanding with directions to correct the scrivener’s error in -written judgment in an Anders appeal).
Affirmed and remanded with instructions.
MAY, C.J., and GERBER, J., concur.
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Raya v. State, 183 So. 3d 1120 (Fla. 4th DCA 2015)…ng order indicates that count 2 “shall run Consecutive to/Concurrent” the sentence in count 1. On remand, the trial court is directed to correct the written sentencing order so that it is consistent with the oral pronouncement. See Simmons v. State, 106 So. 3d 507 (Fla. 4th DCA 2013) (affirming and remanding for correction of a scrivener’s error in written judgment in an Anders appeal). Affirmed and remanded with instructions. DAMOORGIAN, CONNER and FORST, JJ., concur.…
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Macario Alfaro Silverio v. State, 125 So. 3d 936 (Fla. 4th DCA 2013)…PER CURIAM. Affirmed. See Williams v. State, 106 So. 3d 507 (Fla. 4th DCA 2013); Campbell v. State, 90 So. 3d 297 (Fla. 4th DCA 2012); Thompson v. State, 86 So. 3d 1137 (Fla. 4th DCA 2012). TAYLOR, CIKLIN, JJ., and ROBINSON, MICHAEL A., Associate Judge, concur.…
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W.S. v. State (Fla. 4th DCA 2022)…curfew, the disposition order nevertheless imposes a 7:00 p.m. curfew. Second, the disposition order lists appellant’s incorrect age. Appellant was 14 years old at the time of the hearing, but the order lists her age as 13. See Simmons v. State, 106 So. 3d 507 (Fla. 4th DCA 2013) (affirming in an Anders appeal but remanding in order to correct a scrivener’s error in the judgment). Affirmed and remanded with instructions. KLINGENSMITH, C.J., WARNER and CIKLIN, JJ., concur.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Dixie Lynn Murphy v. State, 977 So. 2d 748 (Fla. 2d DCA 2008)
- Brunson v. State, 977 So. 2d 748 (Fla. 2d DCA 2008)
- Rainford v. State, 45 So. 3d 934 (Fla. 4th DCA 2010)
- McKELIVER v. State, 45 So. 3d 934 (Fla. 4th DCA 2010)