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Bell v. State

District Court of Appeal of Florida, Fourth District
Oct 24, 2001
798 So. 2d 796 (Fla. Dist. Ct. App. 2001)

Opinion

No. 4D00-4338.

October 24, 2001.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Larry Schack, Judge; L.T. Case No. 00-872 CFB.

Carey Haughwout, Public Defender, and Jennifer Brooks, Assistant Public Defender, West Palm Beach, for appellant.

No appearance for appellee.


Appellant Daniel Ray Bell pleaded no contest to three of the nine counts charged and was placed on probation. The public defender's office filed a brief and motion to withdraw under Anders v. California, 386 U.S. 738 (1967). We agree that there is no arguable issue for appeal, and affirm. However, our independent review of the record revealed two matters that must be addressed on remand.

The state announced a nolle prosequi on two of the six counts that remained pending after appellant's plea, but the record shows no disposition for Counts I through IV. On remand, the trial court shall conduct such further proceedings and enter such further orders as are necessary to dispose of those counts.

The probation order misidentifies the offenses for which appellant was placed on probation as three counts of burglary of a conveyance. His plea was to two counts of burglary of a conveyance and one count dealing in stolen property. Since the record shows no actual confusion about the nature of the charges, we conclude that this was a mere scrivener's error that requires correction, not reversal.

DELL, STEVENSON and HAZOURI, JJ., concur.


Summaries of

Bell v. State

District Court of Appeal of Florida, Fourth District
Oct 24, 2001
798 So. 2d 796 (Fla. Dist. Ct. App. 2001)
Case details for

Bell v. State

Case Details

Full title:Daniel Ray BELL, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 24, 2001

Citations

798 So. 2d 796 (Fla. Dist. Ct. App. 2001)

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