Eric Jones v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ERIC CARLTON JONES, Appellant, v. Case No. 5D12-4427 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 20, 2013 Appeal from the Circuit Court for Brevard County, Morgan Laur Reinman, Judge. James S. Purdy, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. In this Anders1 appeal, we affirm Eric Jones' judgment and sentences, but remand to correct scrivener's errors in the judgment. Jones entered into a negotiated plea agreement with the State calling for him to plead guilty to the lesser included offenses of burglary of an occupied structure (count 1) and robbery with a weapon (count 2). The trial court correctly recognized these 1 Anders v. California, 386 U.S. 738 (1967). negotiated plea terms and sentenced Jones accordingly. However, the amended judgment incorrectly reflects convictions for the offenses of burglary of a structure with an assault or battery (count 1) and robbery with a firearm or deadly weapon (count 2). These errors have no impact on Jones' sentences, as his sentences constitute legal sentences consistent with the negotiated plea agreement. As such, we remand this matter to the trial court with instructions to correct the judgment to reflect the correct convictions. AFFIRMED and REMANDED. PALMER, LAWSON and EVANDER, JJ., concur. 2

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