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Jones v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jan 15, 2020
288 So. 3d 769 (Fla. Dist. Ct. App. 2020)

Opinion

No. 1D19-0958

01-15-2020

Darius Antoine JONES, Appellant, v. STATE of Florida, Appellee.

Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.


Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

Per Curiam.

Upon review of the instant case pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no error with Appellant's judgment or sentence and affirm. We write to correct a scrivener's error in the judgment. See Ashley v. State , 850 So. 2d 1265, 1268 n. 3 (Fla. 2003) (defining a scrivener's error as a written clerical error that is not "the result of a judicial determination or error"). Appellant's judgment indicates that he pleaded no contest to all charges. However, Appellant's plea agreement and plea colloquy transcript indicate that he pleaded guilty and the lower court accepted a plea of guilty. On remand, the trial court shall correct the judgment to reflect a plea of guilty. See Johnson v. State , 321 So. 2d 119, 120 (Fla. 1st DCA 1975) (remanding where the judgment reflected a plea of guilty instead of nolo contendere as reflected in the transcripts).

Appellant need not be present for this ministerial correction to the judgment. See Walton v. State , 106 So. 3d 522, 529 (Fla. 1st DCA 2013) ("[A] defendant need not be present at resentencing if the error to be corrected is ‘purely ministerial’ or clerical, and involves no exercise of the court's discretion.").

Judgment AFFIRMED and cause REMANDED for correction of a scrivener's error.

Lewis, B.L. Thomas, and Osterhaus, JJ., concur.


Summaries of

Jones v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jan 15, 2020
288 So. 3d 769 (Fla. Dist. Ct. App. 2020)
Case details for

Jones v. State

Case Details

Full title:DARIUS ANTOINE JONES, Appellant, v. STATE OF FLORIDA, Appellee.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Jan 15, 2020

Citations

288 So. 3d 769 (Fla. Dist. Ct. App. 2020)

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On remand, the trial court shall correct the judgment to reflect Appellant's nolo contendere plea. See Jones…