DERRICK JOSEPH BELANGER
v.
STATE OF FLORIDA
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The judgment and sentence are affirmed, with remand for correction of scrivener's errors in the written judgment.
[1] Scrivener's errors in a judgment, including misstatement of the plea type, the offense of conviction, and omission of counts from the commitment form, are subject to corr…
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Join FLexlaw to unlock all legal intelligenceBelanger was convicted following a jury trial. The written judgment contained errors regarding the plea type, the offense for Count 2, and the commitm…
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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
DERRICK JOSEPH BELANGER,
Appellant,
v. Case No. 5D19-954
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed October 11, 2019
Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.
James S. Purdy, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Andrea K. Totten, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Based on our independent review pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm Belanger's judgment and sentence. We remand only for correction of the following scrivener's errors on the judgment. First, the written judgment erroneously indicates that Belanger entered a plea of nolo contendere, when he was convicted
2 following a jury trial. Second, the judgment also erroneously states that he was convicted of domestic battery by strangulation for Count 2, when the jury found him guilty of the lesser-included offense of battery. Finally, the second page of the judgment in the Uniform Commitment to Custody fails to include Count 2. See Taylor v. State, 120 So. 3d 213, 213 (Fla. 5th DCA 2013).
AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENER'S ERROR.
EVANDER, C.J., WALLIS and EISNAUGLE, JJ., concur.