TROY RANDLE STALTER
v.
STATE OF FLORIDA
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Where an Anders brief identifies no meritorious issues, the court affirms the judgment and sentence but remands for correction of scrivener's errors in the written judgment identifying the specific statutory violations.
[1] In an Anders appeal where appellate counsel identifies no meritorious issues, the appellate court may remand for correction of scrivener's errors in the written judgment…
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Join FLexlaw to unlock all legal intelligenceStalter was convicted in the circuit court of four counts of drug trafficking: morphine, oxycodone, LSD, and MDMA. The written judgment contained erro…
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December 21, 2023 PER CURIAM.
In this Anders1 appeal, we affirm the judgment and sentence imposed by the trial court but remand for the trial court to correct the written judgment in 2021-CF-000322 to reflect that Appellant was convicted in count 2 for trafficking in morphine under section 893.135(1)(c), Florida Statutes; count 4 for trafficking in oxycodone under section 893.135(1)(c), Florida Statutes; count 6 for trafficking in LSD under section 893.135(1)(l), Florida Statutes; and count 8 for trafficking in MDMA under section 893.135(1)(k), Florida Statutes. See Davis v. State, 211 So. 3d 354, 354 (Fla. 5th DCA 2017) (“We remand only for correction of a scrivener’s error in judgment” in an Anders case.).
AFFIRMED; REMANDED for correction of scrivener’s errors. MAKAR, BOATRIGHT, and MACIVER, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Davis v. State, 211 So. 3d 354 (Fla. 5th DCA 2017)