DANIELLE A. EVANS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2018-11-02
No. 18-0993
Munyon, J., Orfinger, J., Evander, J., Eisnaugle, J.
257 So. 3d 155 Florida District Court of Appeal, Fifth District (2018) Positive Treatment
Cited by 1 case

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Holding

The judgment and sentence are affirmed, but the case is remanded for the trial court to correct the scrivener's error in the judgment and order of probation that misidentified the offense charged and convicted.


Headnotes

[1] A scrivener's error in a judgment and order of probation that misidentifies the offense charged and convicted may be corrected on remand to the trial court, even after th…

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Facts & Procedural History

Danielle A. Evans was convicted of aggravated fleeing or attempting to elude a law enforcement officer causing injury or damage. The judgment and orde…

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Opinion of the Court
Eisnaugle

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

DANIELLE A. EVANS,

Appellant,

v. Case No. 5D18-993

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed November 2, 2018

Appeal from the Circuit Court for Orange County, Lisa T. Munyon, Judge.

James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders1 appeal, we affirm the judgment and sentence but remand for correction of a scrivener’s error in the judgment and order of probation. Danielle A. Evans filed a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct a sentencing error, noting that count IV of the judgment and order of probation reflects that she was charged

2

and convicted of fleeing to elude a law enforcement officer at high speed or with wanton disregard when she was actually charged and convicted of aggravated fleeing or attempting to elude a law enforcement officer causing injury or damage. The trial court granted the motion and directed the clerk of court to reflect the correct offense in count IV of the judgment and order of probation. However, the corrected documents continue to reflect the scrivener’s error. We remand with directions to the trial court to correct the judgment and order of probation. See King v. State, 201 So. 3d 206 (Fla. 1st DCA 2016) (affirming Anders appeal but remanding for correction of scrivener’s error). AFFIRMED and REMANDED for correction of scrivener’s errors. ORFINGER, EVANDER and EISNAUGLE, JJ., concur.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).

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