Nigel Thomas, Jr. v. State

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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 NIGEL THOMAS, JR., Appellant, v. Case No. 5D15-197 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 4, 2015 Appeal from the Circuit Court for Hernando County, Stephen E. Toner, Jr., Judge. James S. Purdy, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm as to all issues raised in this Anders1 appeal. However, appellate counsel correctly points out that there is a scrivener’s error in the judgment. The judgment incorrectly states that Appellant entered a plea of nolo contendere. In actuality, Appellant 1 Anders v. California, 386 U.S. 738 (1967). was convicted following a jury trial. Therefore, we remand for correction of the scrivener’s error. See Harvey v. State, 146 So. 3d 66 (Fla. 5th DCA 2014); Garvin v. State, 83 So. 3d 754 (Fla. 5th DCA 2011); Lopez-Vasquez v. State, 966 So. 2d 996 (Fla. 5th DCA 2007). Appellant need not be present for this correction. See Sirota v. State, 977 So. 2d 700 (Fla. 4th DCA 2008). AFFIRMED and REMANDED. SAWAYA, BERGER, and WALLIS, JJ., concur. 2

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