BELANGER v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Derrick Joseph BELANGER, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-954

Decided: October 11, 2019

James S. Purdy, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Andrea K. Totten, Assistant Attorney General, Daytona Beach, for Appellee.

Based on our independent review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm Belanger's judgment and sentence. We remand only for correction of the following scrivener's errors on the judgment. First, the written judgment erroneously indicates that Belanger entered a plea of nolo contendere, when he was convicted following a jury trial. Second, the judgment also erroneously states that he was convicted of domestic battery by strangulation for Count 2, when the jury found him guilty of the lesser-included offense of battery. Finally, the second page of the judgment in the Uniform Commitment to Custody fails to include Count 2. See Taylor v. State, 120 So. 3d 213, 213 (Fla. 5th DCA 2013).

AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENER'S ERROR.

PER CURIAM.

EVANDER, C.J., WALLIS and EISNAUGLE, JJ., concur.

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