ZAIDMAN v. STATE (2024)

District Court of Appeal of Florida, Fifth District.

Gary ZAIDMAN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D2024-0467

Decided: November 08, 2024

Matthew J. Metz, Public Defender, and Brian Hyer, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders appeal,^* we affirm Appellant's judgment and sentence. The written judgment, however, incorrectly reflects that Appellant entered a plea to trespass on property other than a structure or conveyance in violation of section 810.09, Florida Statutes, but he entered a plea to trespass of a conveyance in violation of section 810.08, Florida Statutes. Accordingly, we remand this case for the trial court to correct the scrivener's error in the written judgment. See Davis v. State, 211 So. 3d 354, 354 (Fla. 5th DCA 2017) (“We remand only for correction of a scrivener's error in judgment” in an Anders case.).

Affirmed; Remanded for correction of scrivener's error.

FOOTNOTES

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

Per Curiam.

Makar, Lambert, and Kilbane, JJ., concur.

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