Folsom v. State

District Court of Appeal of Florida

Folsom v. State

181 So. 3d 1255, 2015 Fla. App. LEXIS 19427, 2015 WL 9487573

District Court of Appeal of Florida·Decided December 30, 2015·No. 2D15-443·Published

Opinion

SALARIO, Judge.

Based upon an independent review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm Carol Folsom’s withhold of adjudication and her resulting probationary sentence without further comment. However, we note a scrivener’s error on the face of the probation order. The order incorrectly reflects that Ms. Folsom entered a guilty plea. The record shows that Ms. Folsom was found guilty following a jury trial. We remand for correction of this error. See Murphy v. State, 164 So.3d 49 (Fla. 2d DCA 2015); Brunson v. State, 977 So.2d 748 (Fla. 2d DCA 2008).

Affirmed and remanded with directions.

ALTENBERND and KELLY, JJ., Concur.

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SALARIO, Judge.

Based upon an independent review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm Carol Folsom’s withhold of adjudication and her resulting probationary sentence without further comment. However, we note a scrivener’s error on the face of the probation order. The order incorrectly reflects that Ms. Folsom entered a guilty plea. The record shows that Ms. Folsom was found guilty following a jury trial. We remand for correction of this error. See Murphy v. State, 164 So.3d 49 (Fla. 2d DCA 2015); Brunson v. State, 977 So.2d 748 (Fla. 2d DCA 2008).

Affirmed and remanded with directions.

ALTENBERND and KELLY, JJ., Concur.

Folsom v. State, 181 So. 3d 1255, 2015 Fla. App. LEXIS 19427, 2015 WL 9487573 (Fla. Ct. App. 2015).

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Opinion

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