Martinez v. State

Full title: KENNETH ALLEN MARTINEZ, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fifth District

Date published: Aug 6, 2021

No. 5D20-2174 (Fla. Dist. Ct. App. Aug. 6, 2021)

Opinion

5D20-2174

08-06-2021

KENNETH ALLEN MARTINEZ, Appellant, v. STATE OF FLORIDA, Appellee.

Matthew J. Metz, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, for Appellee.

PER CURIAM.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Appeal from the Circuit Court for Seminole County, Debra S. Nelson, Judge.

Matthew J. Metz, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, for Appellee.

PER CURIAM.

In this Anders ¹ appeal, we affirm Appellant's judgment and sentence on Count 1. However, there is a scrivener's error in the judgment as the judgment reflects a conviction on Count 2, even though the State nolle prossed that count. We therefore remand for the trial court to enter a corrected judgment.

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

AFFIRMED; REMANDED WITH DIRECTIONS.

LAMBERT, C.J., EISNAUGLE and TRAVER, JJ., concur