KENNETH ALLEN MARTINEZ vs STATE OF FLORIDA

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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 KENNETH ALLEN MARTINEZ, Appellant, v. Case No. 5D20-2174 STATE OF FLORIDA, Appellee. _______________________________/ Opinion filed August 6, 2021 Appeal from the Circuit Court for Seminole County, Debra S. Nelson, Judge. Matthew J. Metz, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, for Appellee. PER CURIAM. In this Anders1 appeal, we affirm Appellant’s judgment and sentence on Count 1. However, there is a scrivener’s error in the judgment as the judgment reflects a conviction on Count 2, even though the State nolle prossed that count. We therefore remand for the trial court to enter a corrected judgment. AFFIRMED; REMANDED WITH DIRECTIONS. LAMBERT, C.J., EISNAUGLE and TRAVER, JJ., concur. 1 Anders v. California, 386 U.S. 738 (1967). 2

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