Clemann v. State

Full title: SARAH JENNETTE CLEMANN, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Second District

Date published: Oct 21, 2021

No. 2D21-164 (Fla. Dist. Ct. App. Oct. 21, 2021)

Opinion

2D21-164

10-21-2021

SARAH JENNETTE CLEMANN, Appellant, v. STATE OF FLORIDA, Appellee.

Howard L. Dimmig, II, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Laurie Benoit-Knox, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Appeal from the Circuit Court for Polk County; Donald G. Jacobsen, Judge.

Howard L. Dimmig, II, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Laurie Benoit-Knox, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Sarah Jennette Clemann appeals the trial court's amended probation order and sentence for possessing methamphetamine and drug paraphernalia. We affirm as to all issues raised in this Anders ¹ appeal. However, the amended probation order incorrectly specifies that Ms. Clemann entered a nolo contendere plea to both counts. The record reflects that she pleaded guilty to the counts at the plea hearing.

1 Anders v. California, 386 U.S. 738 (1967).

Thus, we remand for the trial court to enter a corrected order. See Anderson v. State, 779 So.2d 370, 370 (Fla. 2d DCA 2000) (affirming and remanding for entry of a corrected judgment where it incorrectly stated that defendant entered a nolo contendere plea). Ms. Clemann need not be present when the trial court corrects this scrivener's error. See Thomas v. State, 174 So.3d 599, 600 (Fla. 5th DCA 2015).

Affirmed and remanded to correct scrivener's error.

VILLANTI, LaROSE, and ROTHSTEIN-YOUAKIM, JJ., Concur.

Opinion subject to revision prior to official publication.