Opinion
No. 98-0630.
October 21, 1998.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; John E. Fennelly, Judge; L.T. Case No. 97-575CFA.
Richard L. Jorandby, Public Defender, and Siobhan Helene Shea, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.
We affirm the judgment and sentence in this case. However, we remand to the trial court for correction of clerical errors on the judgment and sentence as follows. The judgment should be corrected to reflect that appellant was convicted after a non-jury trial, rather than after a plea of nolo contendere. Additionally, the judgment incorrectly lists section 843.01 as the applicable statute for resisting arrest without violence. The correct statutory reference is section 843.02. The public defender's motion to withdraw as counsel for appellant pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), is granted.
STONE, C.J., and GUNTHER and GROSS, JJ., concur.