EARNEST HENRY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-06-07
No. 18-2210
Wolfe, J., Evander, C.J., Orfinger, J., Sasso, J.
273 So. 3d 1150 Florida District Court of Appeal, Fifth District (2019)
Cited by 1 case

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.

Holding

The conviction is affirmed, but the judgment and sentence must be corrected to reflect that the appellant was found guilty by jury verdict rather than by plea and to accurately describe the Count I conviction as fleeing or attempting to elude a law enforcement officer with lights and sirens activated, a third-degree felony.

Headnotes

[1] Scrivener's errors in a judgment and sentence that fail to reflect the actual jury verdict or accurately describe the conviction may be corrected on remand even when the…

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Facts & Procedural History

Earnest Henry was convicted by jury on charges including fleeing or attempting to elude a law enforcement officer with lights and sirens activated. Th…

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Topics
Third Degree Felony Anders Appeal

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Opinion of the Court
S Error. Evander

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

EARNEST HENRY,

Appellant,

v. Case No. 5D18-2210

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed June 7, 2019

Appeal from the Circuit Court for Putnam County, Clyde E. Wolfe, Judge.

Earnest Henry, Jasper, pro se. Oscar H. Eaton, of Office of Criminal Conflict & Civil Regional Counsel, Casselberry, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm this Anders1 appeal in all respects; however, we remand for a correction of two scrivener’s errors on the judgment and sentence. On remand, the court is instructed

EVANDER, C.J., ORFINGER, and SASSO, JJ., concur.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).
2 to correct the judgment and sentence to reflect that Appellant was found guilty by a jury, as it erroneously indicates Appellant entered a plea. In addition, the judgment and sentence should reflect that on Count I, Appellant was convicted of fleeing or attempting to elude a law enforcement officer with lights and sirens activated, a third-degree felony. AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENER'S ERROR.

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