KELCEY JEREL WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2015-05-27
No. 2D14-3282
ALTENBERND and KHOUZAM, JJ„ Concur.
165 So. 3d 59 Florida District Court of Appeal, Second District (2015)

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Holding

The court affirmed the judgment and sentence but remanded to correct a scrivener's error in the judgment and order of revocation.


Facts & Procedural History

Defendant pleaded guilty to attempted burglary of an occupied conveyance and was placed on probation. His probation was later revoked, but the judgmen…

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Opinion of the Court
CASANUEVA, Judge.

CASANUEVA, Judge.

Based upon our independent review pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm Kelcey Jerel Williams’ judgment, sentence, and revocation of probation without further comment. However, we remand with directions to correct a scrivener’s error that appears in both the judgment and the order of revocation of probation.

Mr. Williams was charged with burglary of an occupied conveyance and petit theft. He pleaded guilty to a lesser charge of attempted burglary of an occupied conveyance, the petit theft charge was nolle prossed, and Mr. Williams was sentenced to twenty-four months’ probation on January 8, 2014.

On June 19, 2014, Mr. Williams admitted to violating his probation. The trial court *60revoked Mr. Williams’ probation and sentenced him to eighteen months in prison. The judgment and order of revocation of probation, however, list the charge as burglary of an occupied conveyance, a second-degree felony, see § 810.02(3)(d), Fla. Stat. (2013), not attempted burglary of an occupied conveyance, a third-degree felony, see §§ 810.02(3)(d), 777.04(4)(d), Fla. Stat. (2013).1 Accordingly, we affirm but remand for correction of the judgment and order of revocation of probation to reflect the correct crime-attempted burglary of an occupied conveyance, a third-degree felony.

Affirmed and remanded with directions.

ALTENBERND and KHOUZAM, JJ„ Concur.


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