BRYAN CURTIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that adjudicating offenses for which a defendant did not plead guilty constitutes fundamental reversible error.
Bryan Curtis pleaded guilty to attempted murder, aggravated battery, and false imprisonment. However, the judgment included adjudications for grand th…
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Bryan Curtis challenges his convictions and sentences for attempted murder, aggravated battery, false imprisonment, grand theft motor vehicle, and grand theft. Because the judgment includes adjudications for offenses to which Curtis did not plead, we reverse in part.1
The record reflects that Curtis entered open pleas of guilty to attempted murder, aggravated battery, and false imprisonment. The plea form indicates that Curtis was pleading to those charges, and nothing in the transcript of the change of plea hearing otherwise specifies that Curtis pleaded to grand theft motor vehicle or grand theft. Nonetheless, the judgment includes adjudication for the theft charges. “This was fundamental reversible error to which no objection was required.” Brown v. State, 960 So.2d 905, 905 (Fla. 2d DCA 2007).
Accordingly, the convictions for grand theft motor vehicle and grand theft are reversed. The convictions for attempted murder, aggravated battery, and false imprisonment are affirmed. We remand for the trial court to enter an amended judgment and to resentence Curtis accordingly.2
Affirmed in part, reversed in part, and remanded with instructions.
KELLY and WALLACE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Brown v. State, 960 So. 2d 905 (Fla. 2d DCA 2007)