Lucas v. State

District Court of Appeal of Florida

Lucas v. State

175 So. 3d 939, 2015 Fla. App. LEXIS 14995, 2015 WL 5883398

CourtDistrict Court of Appeal of Florida

DecidedOctober 9, 2015

DocketNo. 5D15-1155

StatusPublished

This text of 175 So. 3d 939 (Lucas v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lucas v. State, 175 So. 3d 939, 2015 Fla. App. LEXIS 14995, 2015 WL 5883398 (Fla. Ct. App. 2015).

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Opinion

WALLIS, J.

We affirm this Anders¹ appeal in all respects. However, we note that the judgment contains a scrivener’s error in stating Appellant’s conviction for aggravated battery with a deadly weapon. The jury found Appellant guilty of the lesser-included offense of aggravated assault with a deadly weapon, and the lower court adjudicated Appellant guilty of aggravated assault, “the lesser included offense as found by the jury.” Thus, we remand this case for correction of the scrivener’s error on the judgment. See, e.g., Downey v. State, 114 So.3d 356 (Fla. 5th DCA 2013) (affirming an Anders appeal but remanding for correction of scrivener’s errors).

AFFIRMED AND REMANDED WITH INSTRUCTIONS.

BERGER and EDWARDS, JJ., concur.

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WALLIS, J.

We affirm this Anders¹ appeal in all respects. However, we note that the judgment contains a scrivener’s error in stating Appellant’s conviction for aggravated battery with a deadly weapon. The jury found Appellant guilty of the lesser-included offense of aggravated assault with a deadly weapon, and the lower court adjudicated Appellant guilty of aggravated assault, “the lesser included offense as found by the jury.” Thus, we remand this case for correction of the scrivener’s error on the judgment. See, e.g., Downey v. State, 114 So.3d 356 (Fla. 5th DCA 2013) (affirming an Anders appeal but remanding for correction of scrivener’s errors).

AFFIRMED AND REMANDED WITH INSTRUCTIONS.

BERGER and EDWARDS, JJ., concur.

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Bluebook (online)

175 So. 3d 939, 2015 Fla. App. LEXIS 14995, 2015 WL 5883398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucas-v-state-fladistctapp-2015.

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