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Stephanie M. Sousie v. State of Florida, 17-1703 (2018)

Court: District Court of Appeal of Florida Number: 17-1703 Visitors: 2
Filed: Apr. 30, 2018
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-1703 _ STEPHANIE M. SOUSIE, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Walton County. Kelvin C. Wells, Judge. April 30, 2018 PER CURIAM. This appeal pursuant to Anders v. California, 386 U.S. 738 (1967), involves three Walton County cases—a 2014 conviction as to which Appellant violated her probation, and two new law offenses in 2016 that triggered the violation. We affirm Appellant’s convictions and
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         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                         No. 1D17-1703
                 _____________________________

STEPHANIE M. SOUSIE,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Walton County.
Kelvin C. Wells, Judge.

                         April 30, 2018


PER CURIAM.

     This appeal pursuant to Anders v. California, 
386 U.S. 738
(1967), involves three Walton County cases—a 2014 conviction as
to which Appellant violated her probation, and two new law
offenses in 2016 that triggered the violation. We affirm
Appellant’s convictions and sentences, and instruct the lower
court to correct a scrivener’s error on the judgment, which
includes a count that had been dismissed.

     The 2014 conviction was charged as grand theft under
sections 812.014(1)(a), (b), (2)(b), Florida Statutes (2014). The
judgment on appeal cites this crime as Count I of Case No. 14-
CF-598, “Larceny greater than $20K but less than $100k.” The
record reflects, however, that this count was dismissed during the
original proceedings. It does not appear on the original judgment,
the order revoking probation, or the scoresheets in the record. On
remand the trial court shall enter an amended judgment deleting
this reference. See King v. State, 
201 So. 3d 206
(Fla. 1st DCA
2016) (affirming an Anders appeal but remanding for correction
of scrivener’s errors in the written judgment); Washington v.
State, 
37 So. 3d 376
(Fla. 1st DCA 2010) (same).

    AFFIRMED and REMANDED with instructions.

LEWIS, KELSEY, and WINSOR, JJ., concur.

                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Andy Thomas, Public Defender, and Steven L. Seliger, Assistant
Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.




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Source:  CourtListener

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