RICHARD LAFOND
v.
STATE OF FLORIDA
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A trial court's scrivener's error in citing the wrong statute number in a judgment for petit theft must be corrected on remand, but the conviction and sentence are otherwise affirmed.
[1] A scrivener's error in the statute citation within a judgment may be corrected on remand as a ministerial matter without the defendant's presence, provided the conviction…
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Join FLexlaw to unlock all legal intelligenceLafond pleaded guilty to petit theft as a first-degree misdemeanor committed in August 2024. The judgment incorrectly stated the offense statute as se…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
RICHARD LAFOND, Appellant,
V.
STATE OF FLORIDA, Appellee.
No. 4D2026-0672 [October 21, 2026]
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; James Nutt, Judge; L.T. Case No. 502024CF007139AXXXMB.
Antony P. Ryan, Regional Counsel, and Louis G. Carres, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, West Palm Beach, for appellant.
No appearance required for appellee.
PER CURIAM.
Richard Lafond appeals from his conviction and sentence following a negotiated plea. Appellate counsel has filed an Anders¹ brief. We affirm the conviction and sentence, but remand for the trial court to correct a scrivener's error in the written judgment.
Lafond pled guilty to petit theft as a first-degree misdemeanor. When Lafond committed the crime in August 2024, petit theft was defined in section 812.014(2)(e), Florida Statutes (2024). However, the judgment erroneously reflects the offense statute number as section 812.014(2)(f), which defined the offense of grand theft of a firearm with a prior conviction.
We direct the trial court to correct this error in the judgment on remand. Lafond need not be present for this ministerial action. See Hatter v. State, 425 So. 3d 51, 52 (Fla. 4th DCA 2025); Bailey v. State, 350 So. 3d 753 (Fla. 4th DCA 2022).
Affirmed and remanded.
CONNER, FORST and SHAW, JJ., concur.
* * *
Not final until disposition of timely-filed motion for rehearing.
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- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Shiloh Friend v. Serpa, 425 So. 3d 51 (Fla. 4th DCA 2025)
- Trafori Maurice Bailey v. State, 350 So. 3d 753 (Fla. 4th DCA 2022)