SAMUEL D. FAGIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that appeals following a guilty plea are limited to issues arising contemporaneously with the plea, and found no such reversible error in the record.
Samuel D. Fagin pled guilty to multiple felonies including first-degree murder and armed robbery. His counsel filed an Anders brief, indicating no non…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Plea Agreement Compliance cases and more on FLexlaw
PER CURIAM.
Samuel D. Fagin pled guilty to first degree murder, attempted first degree murder, two counts of armed robbery, and armed burglary. Mr. Fagin appealed and his counsel filed an Anders brief. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). In accordance with Anders, we granted Mr. Fagin an opportunity to file an initial brief in proper person, but no brief has been filed.
“Once a defendant enters a plea of guilty, the only points available for an appeal concern actions which took place contemporaneously with the plea.” Robinson v. State, 373 So. 2d 898, 902 (Fla.1979).
There is an exclusive and limited class of issues which occur contemporaneously with the entry of the plea that may be the proper subject of an appeal. To our knowledge, they would include only the following: (1) the subject matter jurisdiction, (2) the illegality of the sentence, (3) the failure of the government to abide by the plea agreement, and (4) the voluntary and intelligent character of the plea.
Id. In accordance with our obligation under Anders, we have reviewed the record and have not found any reversible error. We note a scrivener’s error which we feel certain the trial court would have already corrected but for our having jurisdiction. The trial court should ensure that the error is corrected. While Mr. Fagin’s sentencing guidelines scoresheet properly lists armed burglary as a first degree felony punishable by life, the judgment incorrectly lists it as a life felony. § 810.02(2)(b), Fla.Stat. (1993).
Accordingly, the appeal is dismissed. Robinson, 373 So. 2d at 903; Stewart v. State, 586 So. 2d 449 (Fla. 1st DCA 1991); Kearney v. State, 579 So. 2d 410 (Fla. 1st DCA 1991).
JOANOS, WOLF, and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Kearney v. State, 579 So. 2d 410 (Fla. 1st DCA 1991)
- Stewart v. State, 586 So. 2d 449 (Fla. 1st DCA 1991)