WILLIE B. LAWSON
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-08-16
No. 2023-2974
Wallis, J., Harris, J., Boatwright, J., Herndon, J.
2024 FL 10044 Florida District Court of Appeal, Fifth District (2024)

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Holding

A trial court's written judgment containing a scrivener's error regarding the crime of conviction must be corrected on remand to reflect the crime for which the defendant was actually found guilty after trial.


Headnotes

[1] A scrivener's error in a written judgment that misidentifies the crime of conviction or the nature of the plea must be corrected on remand to accurately reflect the crime…

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Facts & Procedural History

Willie B. Lawson was tried and found guilty of Theft of Statutory Property—Motor Vehicle. However, the written judgment incorrectly stated that Appell…

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Opinion of the Court
Wallis

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________ Case No. 5D2023-2974 LT Case No. 2023-CF-000794 _____________________________ WILLIE B. LAWSON, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Marion County. Lisa D. Herndon, Judge. Matthew J. Metz, Public Defender, and John M. Selden, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Daniel P. Caldwell, Assistant Attorney General, Daytona Beach, for Appellee. August 16, 2024

WALLIS, J.

In this Anders appeal,1 we affirm Appellant’s judgment and sentence. However, the written judgment reads that Appellant 1 Anders v. California, 386 U.S. 738 (1967).

2 “entered a plea of Not Guilty” to the crime of “Grand Theft of Motor Vehicle.” The record establishes that Appellant proceeded to a trial where he was found guilty of the crime of Theft of Statutory Property—Motor Vehicle. Accordingly, we remand this case for the trial court to correct the scrivener’s error in the written judgment to reflect the crime for which Appellant was found and adjudicated guilty, after a trial, of Theft of Statutory Property— Motor Vehicle. See Anderson v. State, 374 So. 3d 940 (Fla. 5th DCA 2023).

AFFIRMED. REMANDED with instructions.

HARRIS and BOATWRIGHT, JJ., concur.


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