CHRISTOPHER JUNIOR PIERRE vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: April 8, 2022
• Docket: 21-2582
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CHRISTOPHER JUNIOR PIERRE,

Appellant,

v. Case No. 5D21-2582 LT Case No. 2019-CF-16226-A-O

STATE OF FLORIDA,

Appellee. ________________________________/

Opinion filed April 8, 2022

Appeal from the Circuit Court for Orange County, Luis Fernando Calderon, Judge.

Matthew J. Metz, Public Defender, and Ryan M. Belanger, Assistant Public Defender, Daytona Beach, for Appellant.

Christopher J. Pierre, Lake Butler, pro se.

Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM.

In this Anders1 appeal, we affirm the judgment and sentences imposed

by the trial court after trial but find it necessary to remand to correct a

scrivener’s error in the judgment.

Pierre was convicted of, among other things, discharging a firearm in

public (count three). The trial court orally pronounced Pierre’s sentence on

this count to be “one year in the Orange County Jail with credit for 30 days

time served.” The court also ordered that this sentence be served

concurrently with the lengthier prison sentences that it had just imposed on

Pierre on counts one and two.

However, the written judgment, while accurately reflecting Pierre’s

adjudication of guilt on count three, inadvertently failed to include the actual

sentence imposed. Accordingly, we remand for the trial court to enter an

amended judgment that includes the sentence that it imposed on Pierre for

count three. Pierre’s presence is not required for this ministerial correction.

See Walker v. State, 288 So. 3d 694, 696 (Fla. 4th DCA 2019).

AFFIRMED; REMANDED for entry of amended judgment to correct

scrivener’s error.

LAMBERT, C.J., HARRIS and TRAVER, JJ., concur.

1 Anders v. California, 386 U.S. 738 (1967).