Jarmal N. Brown 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 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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