GARY ZAIDMAN
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.
In an Anders appeal, the Florida District Court of Appeal, Fifth District affirmed Gary Zaidman's judgment and sentence but remanded the case for correction of a scrivener's error in the written judgment, which incorrectly listed the trespass statute violated.
The court affirmed the judgment and sentence but remanded the case for the trial court to correct the scrivener's error in the written judgment to reflect the correct statute under which Appellant pleaded guilty.
[1] In an Anders appeal, when the appellate court affirms a conviction but identifies a scrivener's error in the written judgment that incorrectly states the statutory basis…
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“he entered a plea to trespass of a conveyance in violation of section 810.08, Florida Statutes”
Establishes what statute Appellant actually pleaded guilty to, contrasting with the erroneous judgment language
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant Gary Zaidman entered a guilty plea to trespass of a conveyance in violation of section 810.08, Florida Statutes. However, the written judgme…
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.
Explore caselaw by topic → Browse Anders Appeal cases and more on FLexlaw
November 8, 2024 PER CURIAM.
In this Anders appeal,* we affirm Appellant’s judgment and sentence. The written judgment, however, incorrectly reflects that Appellant entered a plea to trespass on property other than a
* Anders v. California, 386 U.S. 738 (1967).
structure or conveyance in violation of section 810.09, Florida Statutes, but he entered a plea to trespass of a conveyance in violation of section 810.08, Florida Statutes. Accordingly, we remand this case for the trial court to correct the scrivener’s error in the written judgment. 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 error.
MAKAR, LAMBERT, and KILBANE, 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)