Darius Antoine Jones v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 15, 2020
Docket1D19-0958
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-0958
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DARIUS ANTOINE JONES,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Escambia County.
Jennie M. Kinsey, Judge.
January 15, 2020
PER CURIAM.
Upon review of the instant case pursuant to Anders v.
California, 386 U.S. 738 (1967), we find no error with Appellant’s
judgment or sentence and affirm. We write to correct a scrivener’s
error in the judgment. See Ashley v. State, 850 So. 2d 1265, 1268
n. 3 (Fla. 2003) (defining a scrivener’s error as a written clerical
error that is not “the result of a judicial determination or error”).
Appellant’s judgment indicates that he pleaded no contest to all
charges. However, Appellant’s plea agreement and plea colloquy
transcript indicate that he pleaded guilty and the lower court
accepted a plea of guilty. On remand, the trial court shall correct
the judgment to reflect a plea of guilty. See Johnson v. State, 321
So. 2d 119, 120 (Fla. 1st DCA 1975) (remanding where the
judgment reflected a plea of guilty instead of nolo contendere as
reflected in the transcripts).
Appellant need not be present for this ministerial correction
to the judgment. See Walton v. State, 106 So. 3d 522, 529 (Fla. 1st
DCA 2013) (“[A] defendant need not be present at resentencing if
the error to be corrected is ‘purely ministerial’ or clerical, and
involves no exercise of the court’s discretion.”).
Judgment AFFIRMED and cause REMANDED for correction of a
scrivener’s error.
LEWIS, B.L. THOMAS, and OSTERHAUS, 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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Andy Thomas, Public Defender, and Megan Long, Assistant Public
Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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