Simmons v. State

Full title: Willie SIMMONS, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fourth District.

Date published: Jan 30, 2013

106 So. 3d 507 (Fla. Dist. Ct. App. 2013)

Opinion

No. 4D11–3189.

2013-01-30

Willie SIMMONS, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; William Roby, Judge; L.T. Case No. 432009CF001590A. Carey Haughwout, Public Defender, and James W. McIntire, Assistant Public Defender, West Palm Beach, and Willie F. Simmons, Sneads, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Laura Fisher, Assistant Attorney General, West Palm Beach, for appellee.

DAMOORGIAN

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; William Roby, Judge; L.T. Case No. 432009CF001590A.
Carey Haughwout, Public Defender, and James W. McIntire, Assistant Public Defender, West Palm Beach, and Willie F. Simmons, Sneads, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Laura Fisher, Assistant Attorney General, West Palm Beach, for appellee.
DAMOORGIAN, J.

Willie F. Simmons (“Appellant”) appeals the trial court's final order imposing a judgment and sentence after an open plea of no contest. We have reviewed the record and Appellant's pro se brief. We grant appellate counsel's motion to withdraw filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm the conviction and sentence.

Nonetheless, we remand with directions to correct a scrivener's error in the judgment. Appellant was charged with, entered a plea to, and was sentenced for failure to redeliver a hired vehicle in violation of section 817.52(3), Florida Statutes (2009). The judgment, however, reflects a conviction for failure to redeliver a hired or leased property of $300 or more in violation of section 812.155(3), Florida Statutes (2009). See McKeliver v. State, 45 So.3d 934 (Fla. 4th DCA 2010) (affirming and remanding with directions to correct the scrivener's error in the written sentence in an Anders appeal); Murphy v. State, 977 So.2d 748 (Fla. 2d DCA 2008) (affirming and remanding with directions to correct the scrivener's error in written judgment in an Anders appeal).

Affirmed and remanded with instructions.

MAY, C.J., and GERBER, J., concur.