PHILLIP ARNEZ BENJAMIN
v.
STATE OF FLORIDA
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Florida appellate court affirmed criminal conviction and sentence but remanded for correction of a scrivener's error on the Criminal Punishment Code Scoresheet that incorrectly indicated plea resolution instead of jury trial.
The judgment and sentence are affirmed, but the case is remanded for correction of a scrivener's error on the Criminal Punishment Code Scoresheet.
[1] A scrivener's error on a Criminal Punishment Code Scoresheet indicating plea resolution when charges were resolved by jury trial requires remand for correction even when…
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Join FLexlaw to unlock all legal intelligence“Appellant was found guilty by jury verdict, but his scoresheet incorrectly indicates that the charges were resolved by plea.”
The court identified the specific scrivener's error requiring correction on remand.
Appellant Phillip Arnez Benjamin was found guilty by jury verdict in Escambia County Circuit Court.…
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PER CURIAM.
Upon review pursuant to Anders v. California, 386 U.S. 738 (1967), we find no error with Appellant’s judgment or sentence, and affirm. We write only to correct a scrivener’s error on Appellant’s Criminal Punishment Code Scoresheet. Appellant was found guilty by jury verdict, but his scoresheet incorrectly indicates that the charges were resolved by plea. On remand, the trial court shall correct this error. See, e.g., Carter v. State, 173 So. 3d 1048, 1051 (Fla. 1st DCA 2015) (affirming judgment but remanding for correction of scrivener's error where scoresheet incorrectly indicated plea instead of trial).
Judgment AFFIRMED and cause REMANDED for correction of scrivener’s error.
LEWIS, OSTERHAUS, and M.K. THOMAS, JJ., concur. _____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Phillip Arnez Benjamin, pro se, Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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