James Francies Jenkins Jr. v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJune 22, 2021
Docket1D20-2048
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-2048
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JAMES FRANCIES JENKINS JR.,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Okaloosa County.
Michael A. Flowers, Judge.
June 22, 2021
PER CURIAM.
Upon review pursuant to Anders v. California, 386 U.S. 738
(1967), we find no reversible error and affirm Appellant’s judgment
and sentence. We remand, however, for correction of two
scrivener’s errors contained in the written judgment. First, the
judgment specifies that Appellant pled nolo contendere to, and was
adjudicated guilty of, possession of a firearm by a convicted felon
(Count 2). However, this count was dismissed pursuant to the
written plea agreement and the trial court’s oral pronouncement.
Second, the judgment includes court costs and fines in the amount
of $1,140, contrary to the $1,040 assessment specified in the plea
agreement and orally pronounced by the trial court. In both
instances, the oral pronouncements control over the written
judgment. See Williams v. State, 303 So. 3d 1290 (Fla. 1st DCA
2020). Appellant need not be present when the trial court corrects
these errors.
AFFIRMED and REMANDED for correction of scrivener’s errors.
RAY, C.J., and MAKAR and M.K. THOMAS, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jessica J. Yeary, Public Defender, and Glen P. Gifford, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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