CLARK v. STATE (2023)

District Court of Appeal of Florida, Fifth District.

Derrick A. CLARK, Appellant, v. STATE of Florida, Appellee.

Case No. 5D23-272

Decided: August 04, 2023

Matthew J. Metz, Public Defender, and Betty Wyatt, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, and Virginia Chester Harris, Assistant Attorney General, Tallahassee, for Appellee.

In this Anders ¹ appeal, we affirm, without further discussion, Appellant's conviction and sentence on the count of grand theft following his guilty plea. However, the written judgment inadvertently also includes a conviction and sentence on a separate count of burglary of a structure or conveyance. Appellant never pleaded guilty to this count; and under the parties’ plea agreement, which was accepted by the trial court, the State agreed to file a nolle prosequi.

Accordingly, we direct the trial court to enter an amended judgment that shows Appellant only being convicted and sentenced for grand theft.

AFFIRMED; REMANDED with directions.

FOOTNOTES

1. Anders v. California, 386 U.S. 738 (1967).

PER CURIAM.

EDWARDS, C.J., WALLIS and LAMBERT, JJ., concur.

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