Arrington v. State

335 So.3d 1282 (Mem)

Melissa ARRINGTON, Appellant,

v.STATE of Florida, Appellee.

Case No. 5D21-2223

District Court of Appeal of Florida, Fifth District.

Opinion filed April 1, 2022

Matthew J. Metz, Public Defender, and Victoria Rose Cordero, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders¹ appeal, we affirm the judgment and sentences imposed by the trial court but find it necessary to remand to correct a scrivener's error in the judgment.

Following a no contest plea, Appellant was convicted of, among other charges, attempted robbery with a firearm. The judgment on this count correctly refers to "attempted robbery with a firearm"; however, it only cites to section 812.13(2)(a), Florida Statutes, which is the robbery with a firearm statute. Because the judgment should also include a citation to section 777.04(1), Florida Statutes, which is the attempt statute, we remand to correct this scrivener's error in the written judgment. See Prentice v. State , 319 So. 3d 57, 62 (Fla. 4th DCA 2021) (remanding to correct scrivener's error in written judgment to include citation to attempt statute when defendant was convicted of attempted sexual battery and judgment only cited to sexual battery statute). Appellant's presence is not required for this ministerial correction. See id. (citing Walker v. State , 288 So. 3d 694, 696 (Fla. 4th DCA 2019) ).

AFFIRMED; REMANDED for entry of amended judgment to correct scrivener's error.

LAMBERT, C.J., HARRIS and NARDELLA, JJ., concur.

1 Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).