Smith-Pickford v. State

273 So. 3d 1195
District Court of Appeal of Florida·Decided June 20, 2019·No. No. 1D18-2881·Published

Opinion

Per Curiam.

Upon review pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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 judgment. See Ashley v. State , 850 So.2d 1265, 1268 n. 3 (Fla. 2003) (defining a scrivener's error as a written clerical error that is not "the result of a judicial determination or error"). Appellant's written judgment reflects that attempted robbery armed with a firearm is a first-degree felony. However, attempted robbery armed with a firearm is a second-degree felony. See §§ 812.13(2)(a); 775.087(2); 777.04, Fla. Stat. (2018). On remand, the trial court shall correct the error.

Wolf, Wetherell, and Makar, JJ., concur.

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Smith-Pickford v. State, 273 So. 3d 1195 (Fla. Ct. App. 2019).

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Ashley v. State
850 So. 2d 1265 (Supreme Court of Florida, 2003)