MARIE ANN JOHNSON
v.
STATE OF FLORIDA

Fla. 4th DCA | 2018-01-10
No. 17-1454
Kimball, Blumb, Riner
237 So. 3d 377 Florida District Court of Appeal, Fourth District (2018)
Cited by 1 case

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Holding

Appellate counsel's Anders motion to withdraw is granted and the convictions and sentences are affirmed, but the trial court must correct the sex offender probation order to accurately reflect that defendant entered guilty pleas to all 88 counts.


Headnotes

[1] When a defendant enters a guilty plea, the written sex offender probation order must accurately reflect the type of plea entered, and any discrepancy must be corrected up…

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Facts & Procedural History

Marie Ann Johnson entered an open guilty plea to 88 counts and received convictions and sentences. However, the written order of sex offender probatio…

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Opinion of the Court

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

MARIE ANN JOHNSON,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D17-1454

[January 10, 2018]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; James W. McCann, Judge; L.T. Case No. 562015CF002154A.

Antony P. Ryan, Regional Counsel, and Richard G. Bartmon, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, West Palm Beach, for appellant.

No appearance required for appellee. PER CURIAM.

Marie A. Johnson appeals her convictions and sentences following an open guilty plea. Her court-appointed counsel filed a motion to withdraw and supporting brief pursuant to Anders v. California, 386 U.S. 738 (1967). We affirm the convictions and sentences but remand to the trial court to correct the written order of sex offender probation to indicate that Appellant entered guilty pleas to the 88 counts charged, rather than pleas of nolo contendere. Kim v. State, 187 So. 3d 950 (Fla. 4th DCA 2016).

Affirmed and remanded with instructions. DAMOORGIAN, CONNER and FORST, JJ., concur.

* * * Not final until disposition of timely filed motion for rehearing.


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