NIGEL THOMAS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
NIGEL THOMAS, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
174 So. 3d 599
Florida District Court of Appeal, Fifth District (2015)
Positive Treatment
Cited by 7 cases
Opinion of the Court
We affirm as to all issues raised in this Anders1 appeal. However, appellate counsel correctly points out that there is a scrivener’s error in the judgment. The judgment incorrectly states that Appellant entered a plea of nolo contendere. In actuality, Appellant was convicted following a jury trial. Therefore, we remand for correction of the scrivener’s error. See Harvey v. State, 146 So.3d 66 (Fla. 5th DCA 2014); Garvin v. State, 83 So.3d 754 (Fla. 5th DCA 2011); Lopez-Vasquez v. State, 966 So.2d 996 (Fla. 5th DCA 2007). Appellant need not be present for this correction. See Sirota v. State, 977 So.2d 700 (Fla. 4th DCA 2008).
AFFIRMED and REMANDED.
SAWAYA, BERGER, and WALLIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Zaheer ALI v. State, 215 So. 3d 1250 (Fla. 4th DCA 2017)…t containing a scrivener’s error); Newson v. State, 867 So. 2d 603, 603 (Fla. 2d DCA 2004) (written judgment remanded for correction of a scrivener’s error). Appellant need not be present for the trial court to make this correction. Thomas v. State, 174 So. 3d 599, 600 (Fla. 5th DCA 2015); Sirota, 977 So. 2d at 701. The State also concedes that the order revoking community control erroneously listed only “aggravated stalking,” as it should have also listed “criminal mischief.” Accordingly, we also remand the…
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Rosen v. State, 14 Fla. L. Weekly 2399 (Fla. 5th DCA 2019)
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Clemann v. State (Fla. 2d DCA 2021)…2000) (affirming and remanding for entry of a corrected judgment where it incorrectly stated that defendant entered a nolo contendere plea). Ms. Clemann need not be present when the trial court corrects this scrivener's error. See Thomas v. State, 174 So. 3d 599, 600 (Fla. 5th DCA 2015). Affirmed and remanded to correct scrivener's error. VILLANTI, LaROSE, and ROTHSTEIN-YOUAKIM, JJ., Concur. Opinion subject to revision prior to official publication.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Rousso v. Hannon, 146 So. 3d 66 (Fla. 3d DCA 2014)
- Major Battle Mills v. State, 977 So. 2d 700 (Fla. 5th DCA 2008)
- Harvey v. State, 146 So. 3d 66 (Fla. 5th DCA 2014)
- Lopez-Vasquez v. State, 966 So. 2d 996 (Fla. 5th DCA 2007)
- Kinchen v. McNEIL, 977 So. 2d 700 (Fla. 1st DCA 2008)
- Garvin v. State, 83 So. 3d 754 (Fla. 5th DCA 2011)