WORTHINGTON v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Derrick WORTHINGTON, Jr., Appellant, v. STATE of Florida, Appellee.

Case No. 5D20-1297

Decided: April 01, 2021

Matthew J. Metz, Public Defender, and Kathryn R. Radtke, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm Derrick Worthington, Jr.'s appeal of the judgment and sentence imposed following a jury finding him guilty of one count of trespass in a structure and one count of tampering with a witness in the prosecution of a third-degree felony.¹ However, we remand this matter to the trial court so that it may conform the written judgment to correspond with the trial court's oral pronouncement adjudicating Worthington guilty of tampering with a witness in the prosecution of a third-degree felony, which is what the jury found.²

AFFIRMED and REMANDED for correction of written judgment.

FOOTNOTES

1. This appeal and our review of the record were in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and State v. Causey, 503 So. 2d 321 (Fla. 1987).

2. The written judgment currently, but incorrectly, adjudicates him guilty of tampering with a witness in the prosecution of a first-degree felony.

PER CURIAM.

EVANDER, C.J., EDWARDS, and SASSO, JJ., concur.

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