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Moret v. State

District Court of Appeal of Florida, Second District.
Feb 2, 2022
332 So. 3d 1133 (Fla. Dist. Ct. App. 2022)

Opinion

No. 2D21-1700

02-02-2022

Jonathan Gabriel MORET, Appellant, v. STATE of Florida, Appellee.

Howard L. Dimmig, II, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.


Howard L. Dimmig, II, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this appeal pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Jonathan Gabriel Moret challenges his judgment and sentence for DUI with serious bodily injury. See § 316.193(3)(c)2, Fla. Stat. (2019). We affirm. However, we remand for correction of a scrivener's error in Mr. Moret's Criminal Punishment Code scoresheet.

"[A]n open plea, without a specific agreement as to sentencing, does not amount to a plea bargain." Wright v. State , 268 So. 3d 208, 211 (Fla. 2d DCA 2019).

Mr. Moret entered an open plea of no contest, with no agreement regarding his sentence. But the scoresheet incorrectly contains a checkmark next to the box indicating that the sentence involved a "Plea Bargain."

Accordingly, we remand for correction of this scrivener's error on Mr. Moret's scoresheet. Mr. Moret "need not be present when this correction is made." See Holmes v. State , 109 So. 3d 1191, 1192 (Fla. 2d DCA 2013).

Affirmed and remanded for correction of scrivener's error.

LaROSE, ROTHSTEIN-YOUAKIM, and STARGEL, JJ., Concur.


Summaries of

Moret v. State

District Court of Appeal of Florida, Second District.
Feb 2, 2022
332 So. 3d 1133 (Fla. Dist. Ct. App. 2022)
Case details for

Moret v. State

Case Details

Full title:Jonathan Gabriel MORET, Appellant, v. STATE of Florida, Appellee.

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

Date published: Feb 2, 2022

Citations

332 So. 3d 1133 (Fla. Dist. Ct. App. 2022)