SMITH PICKFORD v. STATE (2019)

District Court of Appeal of Florida, First District.

Brent James SMITH-PICKFORD, Appellant, v. STATE of Florida, Appellee.

No. 1D18-2881

Decided: June 20, 2019

Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

Upon review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no error with Appellant's judgment or sentence, and affirm. We write only to correct a scrivener's error on Appellant's 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 written judgment reflects that attempted robbery armed with a firearm is a first-degree felony. However, attempted robbery armed with a firearm is a second-degree felony. See §§ 812.13(2)(a); 775.087(2); 777.04, Fla. Stat. (2018). On remand, the trial court shall correct the error.

Per Curiam.

Wolf, Wetherell, and Makar, JJ., concur.

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