Timothy Ray Finley v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledOctober 2, 2026
Docket5D2025-2144
StatusPublished
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Full Opinion
FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case No. 5D2025-2144
LT Case No. 10-2022-CF-867-A
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TIMOTHY RAY FINLEY,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Clay County.
Don H. Lester, Senior Judge.
Matthew J. Metz, Public Defender, and Jane Almy, Assistant
Public Defender, Daytona Beach, for Appellant.
Timothy Ray Finley, Mayo, pro se.
James Uthmeier, Attorney General, and Robert Charles Lee,
Assistant Attorney General, Tallahassee, for Appellee.
October 2, 2026
PER CURIAM.
In this Anders1 case, we affirm Appellantโs judgment and
sentence. The judgment, however, incorrectly states that
Appellant entered a guilty plea. Instead, he was convicted by a
jury.
We cannot say that this error is harmless to Appellant. We
therefore remand for the trial court to correct the judgment. Henry
v. State, 273 So. 3d 1150, 1150 (Fla. 5th DCA 2019) (โOn remand,
the court is instructed to correct the judgment and sentence to
reflect that Appellant was found guilty by a jury, as it erroneously
indicates Appellant entered a plea.โ).
AFFIRMED and REMANDED.
MAKAR, LAMBERT, and EISNAUGLE, 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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1 Anders v. California, 386 U.S. 738 (1967).
2