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Will v. State

District Court of Appeal of Florida, Second District.
Nov 3, 2021
327 So. 3d 481 (Fla. Dist. Ct. App. 2021)

Opinion

No. 2D20-2093

11-03-2021

Skyler Daniel Stone WILL, Appellant, v. STATE of Florida, Appellee.

Howard L. Dimmig, II, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant.


Howard L. Dimmig, II, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant.

In this Anders appeal, Skyler Daniel Stone Will challenges his convictions and sentences for several offenses, including fourteen counts of violation of injunction against domestic violence after prior conviction. We affirm the convictions and sentences without further discussion, but we remand for correction of a scrivener's error in the judgment.

Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

The judgment indicates that Mr. Will was convicted of violation of injunction against domestic violence after prior conviction in violation of section 748.0487(4)(b), Florida Statutes (2019). However, the cited statute prohibits violation of injunction against stalking or cyberstalking. See § 748.0487(4)(b). The trial court should correct this scrivener's error by citing to section 741.31(4)(a), (c), Florida Statutes (2019), the statute prohibiting violation of injunction against domestic violence after prior conviction, the offense with which Mr. Will was charged. See Rodriguez v. State , 223 So. 3d 1053, 1054–55 (Fla. 2d DCA 2017) ("Because the judgment lists a conviction for the incorrect offense, remand is appropriate for correction of this error.").

Affirmed; remanded with directions.

BLACK, LUCAS, and ATKINSON, JJ., Concur.


Summaries of

Will v. State

District Court of Appeal of Florida, Second District.
Nov 3, 2021
327 So. 3d 481 (Fla. Dist. Ct. App. 2021)
Case details for

Will v. State

Case Details

Full title:Skyler Daniel Stone WILL, Appellant, v. STATE of Florida, Appellee.

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

Date published: Nov 3, 2021

Citations

327 So. 3d 481 (Fla. Dist. Ct. App. 2021)