DERRICK A. CLARK
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The written judgment must be amended to remove a burglary conviction that was not part of the plea agreement and for which the defendant did not plead guilty.
[1] When a trial court accepts a plea agreement in which the prosecution agrees to nolle prosequi a charge, a judgment that includes a conviction on that charge is erroneous…
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 intelligenceClark pleaded guilty to grand theft following a plea agreement. The trial court-entered written judgment inadvertently included a separate burglary co…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
PER CURIAM.
In this Anders1 appeal, we affirm, without further discussion, Appellant’s conviction and sentence on the count of grand theft following his guilty plea. However, the written judgment inadvertently also includes a conviction and sentence on a separate count of burglary of a structure or conveyance. Appellant never pleaded guilty to this count; and under the parties’ plea agreement, which was accepted by the trial court, the State agreed to file a nolle prosequi.
Accordingly, we direct the trial court to enter an amended judgment that shows Appellant only being convicted and sentenced for grand theft. AFFIRMED; REMANDED with directions.
EDWARDS, C.J., WALLIS and LAMBERT, JJ., concur.