Opinion
No. 5D13–1492.
2014-04-17
Anthony L. GUGLIELMINI, Appellant, v. STATE of Florida, Appellee.
Appeal from the Circuit Court for Osceola County, Mark Blechman, Judge. James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.
Appeal from the Circuit Court for Osceola County, Mark Blechman, Judge.
James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.
GRIFFIN, J.
This is an Anders appeal. We find no reversible error in Appellant's convictions or sentence. There is, however, a scrivener's error in the judgment. Appellant was charged with second-degree murder and convicted of the lesser included offense of manslaughter. The judgment correctly reflects that he was convicted of manslaughter by culpable negligence, a second-degree felony, but it also references section 782.07(3), Florida Statutes. Section 782.07(3) is the crime of aggravated manslaughter of a child. According to appellate counsel, the Department of Corrections' webpage reflects that Appellant is incarcerated for aggravated manslaughter of a child. Although the victim was a child, the jury was not instructed as to aggravated manslaughter of a child. He was convicted of simple manslaughter. To avoid confusion, we remand for correction of the judgment.
Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
AFFIRMED and REMANDED.
LAWSON and BERGER, JJ., concur.