Simmons v. State

District Court of Appeal of Florida

Simmons v. State

106 So. 3d 507, 2013 WL 331588, 2013 Fla. App. LEXIS 1656

CourtDistrict Court of Appeal of Florida

DecidedJanuary 30, 2013

DocketNo. 4D11-3189

StatusPublished

Cited by3 cases

This text of 106 So. 3d 507 (Simmons 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.

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Simmons v. State, 106 So. 3d 507, 2013 WL 331588, 2013 Fla. App. LEXIS 1656 (Fla. Ct. App. 2013).

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Opinion

DAMOORGIAN, J.

Willie F. Simmons (“Appellant”) appeals the trial court’s final order imposing a judgment and sentence after an open plea of no contest. We have reviewed the record and Appellant’s pro se brief. We grant appellate counsel’s motion to withdraw filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm the conviction and sentence.

Nonetheless, we remand with directions to correct a scrivener’s error in the judgment. Appellant was charged with, entered a plea to, and was sentenced for failure to redeliver a hired vehicle in violation of section 817.52(3), Florida Statutes (2009). The judgment, however, reflects a conviction for failure to redeliver a hired or leased property of $300 or more in violation of section 812.155(3), Florida Statutes (2009). See McKeliver v. State, 45 So.3d 934 (Fla. 4th DCA 2010) (affirming and remanding with directions to correct the scrivener’s error in the written sentence in an Anders appeal); Murphy v. State, 977 So.2d 748 (Fla. 2d DCA 2008) (affirming and remanding with directions to correct the scrivener’s error in -written judgment in an Anders appeal).

Affirmed and remanded with instructions.

MAY, C.J., and GERBER, J., concur.

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DAMOORGIAN, J.

Willie F. Simmons (“Appellant”) appeals the trial court’s final order imposing a judgment and sentence after an open plea of no contest. We have reviewed the record and Appellant’s pro se brief. We grant appellate counsel’s motion to withdraw filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm the conviction and sentence.

Nonetheless, we remand with directions to correct a scrivener’s error in the judgment. Appellant was charged with, entered a plea to, and was sentenced for failure to redeliver a hired vehicle in violation of section 817.52(3), Florida Statutes (2009). The judgment, however, reflects a conviction for failure to redeliver a hired or leased property of $300 or more in violation of section 812.155(3), Florida Statutes (2009). See McKeliver v. State, 45 So.3d 934 (Fla. 4th DCA 2010) (affirming and remanding with directions to correct the scrivener’s error in the written sentence in an Anders appeal); Murphy v. State, 977 So.2d 748 (Fla. 2d DCA 2008) (affirming and remanding with directions to correct the scrivener’s error in -written judgment in an Anders appeal).

Affirmed and remanded with instructions.

MAY, C.J., and GERBER, J., concur.

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106 So. 3d 507, 2013 WL 331588, 2013 Fla. App. LEXIS 1656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-state-fladistctapp-2013.

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