Opinion

Jarmal N. Brown v. State

Court
District Court of Appeal of Florida
Filed
Sep 18, 2017
Status
Published
Cited by
0 cases
Authority
More cited than 4.0%

The opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

JARMAL N. BROWN,

Appellant,

v. Case No. 5D16-4210

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed September 18, 2017

Appeal from the Circuit Court

for Flagler County,

Matthew M. Foxman, Judge.

James S. Purdy, Public Defender,

and Ailene S. Rogers, Assistant

Public Defender, Daytona Beach,

for Appellant.

Pamela Jo Bondi, Attorney General,

Tallahassee, and Nora Hutchinson

Hall, Assistant Attorney General,

Daytona Beach, for Appellee.

PER CURIUM.

In this Anders1 appeal, Jarmal N. Brown (the defendant) appeals his judgment and

sentence. We affirm because the defendant pled no contest and his sentence is legal.

1 Anders v. California, 386 U.S. 738 (1967).

See Fla. R. App. P. 9.140(b). However, the judgment contains a scrivener’s error that

must be corrected.

The defendant pled no contest to two offenses, including burglary of an occupied

structure under section 810.02(3)(c), Florida Statutes (2016), but his judgment reflects a

conviction for burglary of an occupied structure under section 810.02(3)(d). Accordingly,

we remand for correction of the judgment to reflect the defendant’s actual conviction. See

Johnson v. State, 84 So. 3d 452 (Fla. 5th DCA 2012).

AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENER’S ERROR.

PALMER, WALLIS and LAMBERT, JJ., concur.

2

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