JOEL CHRISTOPHER MCALLISTER v. STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: February 2, 2024
• Docket: 23-2111
• Status: Published

Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case Nos. 5D23-2107 5D23-2111 LT Case Nos. 1988-CF-006652-A 2022-CF-24908 _____________________________

JOEL CHRISTOPHER MCALLISTER,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On Appeal from the Circuit Court for Brevard County. David C. Koenig, Acting Circuit Judge.

Matthew J. Metz, Public Defender, and Betty Wyatt, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Marissa V. Giles, Assistant Attorney General, Daytona Beach, for Appellee.

February 2, 2024

PER CURIAM.

In these consolidated appeals proceeding under Anders v. California, 386 U.S. 738 (1967), we affirm, without further discussion, the trial court’s order denying Appellant’s dispositive motion to suppress the evidence obtained from the search of his vehicle and the judgments and sentences thereafter imposed following his no contest plea in both cases.

However, because there appears to be a clerical error in the judgment entered in circuit court case number 1988-CF-006652 as it reflects Appellant’s conviction for burglary with a battery as a first-degree felony (“F1”), instead of a first-degree felony punishable by up to life in prison (“F1-PBL”), we remand for the trial court to enter a corrected judgment.

AFFIRMED; REMANDED with directions to correct clerical error.

EDWARDS, C.J., WALLIS, and LAMBERT, JJ., concur.

_____________________________

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