MELISSA ARRINGTON
v.
STATE OF FLORIDA
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A judgment convicting a defendant of attempted robbery with a firearm must cite both the robbery statute and the attempt statute, and remand is required to correct a scrivener's error omitting the attempt statute citation.
[1] A judgment of conviction for an attempted offense must cite both the statute defining the underlying offense and the attempt statute to accurately reflect the conviction.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because the judgment should also include a citation to section 777.04(1), Florida Statutes, which is the attempt statute, we remand to correct this scrivener's error in the written judgment.”
Court's explanation for remand
Following a no contest plea, Appellant was convicted of attempted robbery with a firearm and other charges. The judgment correctly identified the conv…
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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
MELISSA ARRINGTON,
Appellant,
v. Case No. 5D21-2223 LT Case No. 2018-CF-003979-B-O
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed April 1, 2022
Appeal from the Circuit Court for Orange County, Chad K. Alvaro, Judge.
Matthew J. Metz, Public Defender, and Victoria Rose Cordero, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Following a no contest plea, Appellant was convicted of, among other charges, attempted robbery with a firearm. The judgment on this count correctly refers to “attempted robbery with a firearm”; however, it only cites to section 812.13(2)(a), Florida Statutes, which is the robbery with a firearm statute. Because the judgment should also include a citation to section 777.04(1), Florida Statutes, which is the attempt statute, we remand to correct this scrivener’s error in the written judgment. See Prentice v. State, 319 So. 3d 57, 62 (Fla. 4th DCA 2021) (remanding to correct scrivener’s error in written judgment to include citation to attempt statute when defendant was convicted of attempted sexual battery and judgment only cited to sexual battery statute). Appellant’s presence is not required for this ministerial correction. See id. (citing Walker v. State, 288 So. 3d 694, 696 (Fla. 4th DCA 2019)). AFFIRMED; REMANDED for entry of amended judgment to correct scrivener’s error. LAMBERT, C.J., HARRIS and NARDELLA, JJ., concur.
1 Anders v. California, 386 U.S. 738 (1967).
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- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Pierre v. State, 288 So. 3d 694 (Fla. 5th DCA 2022)