DARIUS ANTOINE JONES
v.
STATE OF FLORIDA
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A trial court must correct a scrivener's error in a judgment that reflects an incorrect plea type when the plea agreement and colloquy transcript establish the correct plea, and such ministerial correction does not require the defendant's presence.
[1] A discrepancy between a judgment and the plea agreement and colloquy transcript regarding the type of plea entered constitutes a scrivener's error subject to correction o…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a defendant need not be present at resentencing if the error to be corrected is 'purely ministerial' or clerical, and involves no exercise of the court's discretion.”
Court explaining that appellant need not be present for the ministerial correction to the judgment.
Darius Antoine Jones appealed his conviction and sentence. The judgment indicated he pleaded no contest to all charges, but the plea agreement and ple…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D19-0958 _____________________________
DARIUS ANTOINE JONES,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Escambia County. Jennie M. Kinsey, Judge.
January 15, 2020
PER CURIAM.
Upon review of the instant case pursuant to Anders v. California, 386 U.S. 738 (1967), we find no error with Appellant’s judgment or sentence and affirm. We write to correct a scrivener’s error in the judgment. See Ashley v. State, 850 So. 2d 1265, 1268 n. 3 (Fla. 2003) (defining a scrivener’s error as a written clerical error that is not “the result of a judicial determination or error”). Appellant’s judgment indicates that he pleaded no contest to all charges. However, Appellant’s plea agreement and plea colloquy transcript indicate that he pleaded guilty and the lower court accepted a plea of guilty. On remand, the trial court shall correct the judgment to reflect a plea of guilty. See Johnson v. State, 321 So. 2d 119, 120 (Fla. 1st DCA 1975) (remanding where the
2
judgment reflected a plea of guilty instead of nolo contendere as reflected in the transcripts). Appellant need not be present for this ministerial correction to the judgment. See Walton v. State, 106 So. 3d 522, 529 (Fla. 1st DCA 2013) (“[A] defendant need not be present at resentencing if the error to be corrected is ‘purely ministerial’ or clerical, and involves no exercise of the court’s discretion.”). Judgment AFFIRMED and cause REMANDED for correction of a scrivener’s error. LEWIS, B.L. THOMAS, and OSTERHAUS, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Columbus Rickey Ashley v. State, 850 So. 2d 1265 (Fla. 2003)
- Leronnie Lee Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013)