JONES v. STATE (2020)

Upon review of the instant case 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 to correct a scrivener's error in the 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 judgment indicates that he pleaded no contest to all charges. However, Appellant's plea agreement and plea colloquy transcript indicate that he pleaded guilty and the lower court accepted a plea of guilty. On remand, the trial court shall correct the judgment to reflect a plea of guilty. See Johnson v. State, 321 So. 2d 119, 120 (Fla. 1st DCA 1975) (remanding where the judgment reflected a plea of guilty instead of nolo contendere as reflected in the transcripts).

Appellant need not be present for this ministerial correction to the judgment. See Walton v. State, 106 So. 3d 522, 529 (Fla. 1st DCA 2013) (“[A] defendant need not be present at resentencing if the error to be corrected is ‘purely ministerial’ or clerical, and involves no exercise of the court's discretion.”).

Judgment Affirmed and cause Remanded for correction of a scrivener's error.

Per Curiam.

Lewis, B.L. Thomas, and Osterhaus, JJ., concur.