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Lucas v. State

District Court of Appeal of Florida, Fifth District.
Oct 9, 2015
175 So. 3d 939 (Fla. Dist. Ct. App. 2015)

Opinion

No. 5D15–1155.

2015-10-9

Kelly Swain LUCAS, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge. Kelly S. Lucas, Wewahitchka, pro se. James S. Purdy, Public Defender, and John M. Selden, Assistant Public Defender, Daytona Beach, for Appellant.


Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.
Kelly S. Lucas, Wewahitchka, pro se. James S. Purdy, Public Defender, and John M. Selden, Assistant Public Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

WALLIS, J.

We affirm this Anders appeal in all respects. However, we note that the judgment contains a scrivener's error in stating Appellant's conviction for aggravated battery with a deadly weapon. The jury found Appellant guilty of the lesser-included offense of aggravated assault with a deadly weapon, and the lower court adjudicated Appellant guilty of aggravated assault, “the lesser included offense as found by the jury.” Thus, we remand this case for correction of the scrivener's error on the judgment. See, e.g., Downey v. State, 114 So.3d 356 (Fla. 5th DCA 2013) (affirming an Anders appeal but remanding for correction of scrivener's errors).

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

AFFIRMED AND REMANDED WITH INSTRUCTIONS.

BERGER and EDWARDS, JJ., concur.




Summaries of

Lucas v. State

District Court of Appeal of Florida, Fifth District.
Oct 9, 2015
175 So. 3d 939 (Fla. Dist. Ct. App. 2015)
Case details for

Lucas v. State

Case Details

Full title:Kelly Swain LUCAS, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Oct 9, 2015

Citations

175 So. 3d 939 (Fla. Dist. Ct. App. 2015)