STEPHANIE M. SOUSIE
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-04-30
No. 17-1703
242 So. 3d 529 Florida District Court of Appeal, First District (2018)

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Holding

Appellant's convictions and sentences are affirmed, but the judgment must be amended to delete the reference to a dismissed count.


Headnotes

[1] When a judgment on appeal references a count that was dismissed during original proceedings and does not appear in the original judgment or sentencing documents, the revi…

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Facts & Procedural History

Sousie had a 2014 grand theft conviction and was later charged with new offenses in 2016 that triggered a probation violation. The judgment on appeal …

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Opinion of the Court

original proceedings. It does not appear on the original judgment, the order revoking probation, or the scoresheets in the record. On remand the trial court shall enter an amended judgment deleting this reference. See King v. State, 201 So. 3d 206 (Fla. 1st DCA 2016) (affirming an Anders appeal but remanding for correction of scrivener’s errors in the written judgment); Washington v. State, 37 So. 3d 376 (Fla. 1st DCA 2010) (same). AFFIRMED and REMANDED with instructions. LEWIS, KELSEY, and WINSOR, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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