TIMOTHY RAY FINLEY
v.
STATE OF FLORIDA
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A judgment that incorrectly states a defendant was convicted by guilty plea when he was actually convicted by jury must be corrected on remand, as the error is not harmless.
[1] A judgment that erroneously states a defendant entered a guilty plea when he was actually convicted by jury must be corrected on remand, as such error is not harmless.
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“On remand, the court is instructed to correct the judgment and sentence to reflect that Appellant was found guilty by a jury, as it erroneously indicates Appellant entered a plea.”
The court's instruction on remand, citing Henry v. State, 273 So. 3d 1150 (Fla. 5th DCA 2019).
Timothy Ray Finley was convicted by jury in Clay County Circuit Court and received a sentence. The judgment document, however, incorrectly stated that…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 5D2025-2144 LT Case No. 10-2022-CF-867-A
TIMOTHY RAY FINLEY, Appellant,
V.
STATE OF FLORIDA, Appellee.
On appeal from the Circuit Court for Clay County. Don H. Lester, Senior Judge.
Matthew J. Metz, Public Defender, and Jane Almy, Assistant Public Defender, Daytona Beach, for Appellant.
Timothy Ray Finley, Mayo, pro se.
James Uthmeier, Attorney General, and Robert Charles Lee, Assistant Attorney General, Tallahassee, for Appellee.
October 2, 2026
PER CURIAM.
In this Anders¹ case, we affirm Appellant's judgment and sentence. The judgment, however, incorrectly states that Appellant entered a guilty plea. Instead, he was convicted by a jury.
We cannot say that this error is harmless to Appellant. We therefore remand for the trial court to correct the judgment. Henry v. State, 273 So. 3d 1150, 1150 (Fla. 5th DCA 2019) (“On remand, the court is instructed to correct the judgment and sentence to reflect that Appellant was found guilty by a jury, as it erroneously indicates Appellant entered a plea.”).
AFFIRMED and REMANDED.
MAKAR, LAMBERT, and EISNAUGLE, JJ., concur.