Coleman v. State

181 So. 3d 1255, 2015 Fla. App. LEXIS 19472, 2015 WL 9487574

Opinion

PER CURIAM.

In this Anders 1 appeal, Chantel Coleman appeals her convictions and sentences in three cases. We affirm without prejudice to any right Coleman may have to file a postconviction motion raising the claims she raised in her motion to withdraw plea filed after this appeal was initiated. The trial court properly dismissed the motion because this appeal divested the trial court of jurisdiction to consider the motion. See Sharp v. State, 884 So.2d 510, 512 (Fla. 2d DCA 2004); Wilson v. State, 814 So.2d 1203, 1204 (Fla. 2d DCA 2002).

We remand for correction of a scrivener’s eiror on the written judgment in circuit court case number 14-5604. The judgment lists the offense as “GRAND THEFT 3F” and correctly cites section 812.014(2)(c)(l), but it incorrectly lists the degree as a “First Degree Felony.” Cole man was charged with third-degree grand theft in violation of section 812.014(2)(c)(1), Florida Statutes (2014), which “is grand theft of the third degree and a felony of the third degree.” Accordingly, the judgment in circuit court case number 14-5604 should be amended to reflect that the offense of grand theft is a third-degree felony-

Affirmed; remanded.

ALTENBERND, KHQUZAM, and MORRIS, JJ., Concur.

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