Jonathan Gabriel Moret v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 2, 2022
Docket2D21-1700
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
JONATHAN GABRIEL MORET,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D21-1700
February 2, 2022
Appeal from the Circuit Court for Polk County; Melissa Gravitt,
Judge.
Howard L. Dimmig, II, Public Defender, and Megan Olson, Assistant
Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
PER CURIAM.
In this appeal pursuant to Anders v. California, 386 U.S. 738
(1967), Jonathan Gabriel Moret challenges his judgment and
sentence for DUI with serious bodily injury. See ยง 316.193(3)(c)2,
Fla. Stat. (2019). We affirm. However, we remand for correction of a
scrivener's error in Mr. Moret's Criminal Punishment Code
scoresheet.
"[A]n open plea, without a specific agreement as to sentencing,
does not amount to a plea bargain." Wright v. State, 268 So. 3d
208, 211 (Fla. 2d DCA 2019).
Mr. Moret entered an open plea of no contest, with no
agreement regarding his sentence. But the scoresheet incorrectly
contains a checkmark next to the box indicating that the sentence
involved a "Plea Bargain."
Accordingly, we remand for correction of this scrivener's error
on Mr. Moret's scoresheet. Mr. Moret "need not be present when
this correction is made." See Holmes v. State, 109 So. 3d 1191,
1192 (Fla. 2d DCA 2013).
Affirmed and remanded for correction of scrivener's error.
LaROSE, ROTHSTEIN-YOUAKIM, and STARGEL, JJ., Concur.
Opinion subject to revision prior to official publication.
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