Phillip Arnez Benjamin v. State of Florida
This text of Phillip Arnez Benjamin v. State of Florida (Phillip Arnez Benjamin v. State of Florida) 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.
Opinion
FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________
No. 1D17-4063 _____________________________
PHILLIP ARNEZ BENJAMIN,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Escambia County. Jan Shackelford, Judge.
August 23, 2019
PER CURIAM.
Upon review pursuant to Anders v. California, 386 U.S. 738 (1967), we find no error with Appellant’s judgment or sentence, and affirm. We write only to correct a scrivener’s error on Appellant’s Criminal Punishment Code Scoresheet. Appellant was found guilty by jury verdict, but his scoresheet incorrectly indicates that the charges were resolved by plea. On remand, the trial court shall correct this error. See, e.g., Carter v. State, 173 So. 3d 1048, 1051 (Fla. 1st DCA 2015) (affirming judgment but remanding for correction of scrivener's error where scoresheet incorrectly indicated plea instead of trial).
Judgment AFFIRMED and cause REMANDED for correction of scrivener’s error.
LEWIS, OSTERHAUS, and M.K. THOMAS, JJ., concur. _____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Phillip Arnez Benjamin, pro se, Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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