Filed: May 05, 2016
Latest Update: Mar. 02, 2020
Summary: IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA KEITH PENN, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D15-2412 STATE OF FLORIDA, Appellee. _/ Opinion filed May 6, 2016. An appeal from the Circuit Court for Leon County. Kathleen F. Dekker, Judge. Jeffrey Lewis, Office of Criminal Conflict and Civil Regional Counsel, Region One, and Melissa J. Ford, Assistant Conflict Counsel, Tallahassee, for Appellant. Pame
Summary: IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA KEITH PENN, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D15-2412 STATE OF FLORIDA, Appellee. _/ Opinion filed May 6, 2016. An appeal from the Circuit Court for Leon County. Kathleen F. Dekker, Judge. Jeffrey Lewis, Office of Criminal Conflict and Civil Regional Counsel, Region One, and Melissa J. Ford, Assistant Conflict Counsel, Tallahassee, for Appellant. Pamel..
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IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
KEITH PENN, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D15-2412
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed May 6, 2016.
An appeal from the Circuit Court for Leon County.
Kathleen F. Dekker, Judge.
Jeffrey Lewis, Office of Criminal Conflict and Civil Regional Counsel, Region
One, and Melissa J. Ford, Assistant Conflict Counsel, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Charles R. McCoy, Senior Assistant
Attorney General, Tallahassee, for Appellee.
PER CURIAM.
Upon review pursuant to Anders v. California, 386 U.S. 738 (1967), we find
no error with Appellant’s judgment or sentence, and affirm. We write only to
correct a scrivener’s error on Appellant’s scoresheet and order of community
control. 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 was found guilty by jury verdict, but his
scoresheet and order of community control incorrectly indicate that the charges
were resolved by plea. On remand, the trial court shall correct this error. See Carter
v. State,
173 So. 3d 1048, 1051 (Fla. 1st DCA 2015) (affirming judgment but
remanding for correction of scrivener’s error where scoresheet incorrectly
indicated plea instead of trial); Drayton v. State,
89 So. 3d 287, 287-88 (Fla. 1st
DCA 2012) (mem.) (instructing lower court to correct documents indicating plea,
where a jury found appellant guilty); Herrin v. State,
51 So. 3d 1207, 1208 (Fla. 1st
DCA 2011) (remanding for correction of scrivener’s error in manner of
disposition).
Judgment AFFIRMED and cause REMANDED for correction of scrivener’s
error.
LEWIS, OSTERHAUS, and KELSEY, JJ., CONCUR.
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