SHANNON JEANNETTE MCMASTERS
v.
STATE OF FLORIDA
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The convictions and sentences are affirmed, but the judgment must be amended to include the offense statute numbers for all counts as required by the Florida Rules of Criminal Procedure.
[1] Judgments in criminal cases must include the offense statute numbers for each count in accordance with Florida Rules of Criminal Procedure 3.986(b), and deficient judgmen…
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Join FLexlaw to unlock all legal intelligenceShannon Jeannette McMasters appealed two criminal cases (2022-CF-000413 and 2022-CF-000350) following her negotiated nolo contendere plea. The trial c…
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PER CURIAM.
In this Anders1 appeal, we affirm the judgments and sentences imposed by the trial court in two cases below following Appellant’s negotiated, nolo contendere plea. However, we remand with directions to the trial court to enter an amended judgment in circuit court case number 2022-CF-000350 to include the offense statute numbers for counts two and three. See Fla. R. Crim. P. 3.986(b) (providing that the forms related to judgment and sentence should include the count, crime, offense statute number(s), degree of crime, case number, and OBTS number); see also Barnett v. State, 329 So. 3d 809, 811–12 (Fla. 2d DCA 2021) (affirming convictions and sentences in Anders appeal but remanding for the entry of a corrected judgment to include sufficient details regarding the counts, crimes, statute numbers, and degree of the crimes). AFFIRMED; REMANDED for entry of amended judgment consistent with opinion.
LAMBERT, C.J., EDWARDS and HARRIS, JJ., concur.
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Citator
Cited By
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McMasters v. State, 329 So. 3d 809 (Fla. 5th DCA 2022)…counts two and three. See Fla. R. Crim. P. 3.986(b) (providing that the forms related to judgment and sentence should include the count, crime, offense statute number(s), degree of crime, case number, and OBTS number); see also Barnett v. State, 329 So. 3d 809, 811–12 (Fla. 2d DCA 2021) (affirming convictions and sentences in Anders appeal but remanding for the entry of a corrected judgment to include sufficient details regarding the counts, crimes, statute numbers, and degree of the crimes). AFFIRMED…
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Weber v. State (Fla. 2d DCA 2023)…rity for their assessment." Id. The Payment Order also fails to comport with Florida Rule of Criminal Procedure 3.986. Trial courts are required to use a judgment and sentence that conforms to the forms provided in rule 3.986(a). Barnett v. State, 329 So. 3d 809, 811 (Fla. 2d DCA 2021). The form for a judgment should include an indication of whether the defendant (1) was tried and found guilty by a jury or court, (2) entered a plea of guilty, or (3) entered a plea of no contest. It also should include det…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- McMasters v. State, 329 So. 3d 809 (Fla. 5th DCA 2022)