MORET v. STATE (2022)

District Court of Appeal of Florida, Second District.

Jonathan Gabriel MORET, Appellant, v. STATE of Florida, Appellee.

No. 2D21-1700

Decided: February 02, 2022

Howard L. Dimmig, II, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Jonathan Gabriel Moret challenges his judgment and sentence for DUI with serious bodily injury. See § 316.193(3)(c)2, Fla. Stat. (2019). We affirm. However, we remand for correction of a scrivener's error in Mr. Moret's Criminal Punishment Code scoresheet.

“[A]n open plea, without a specific agreement as to sentencing, does not amount to a plea bargain.” Wright v. State, 268 So. 3d 208, 211 (Fla. 2d DCA 2019).

Mr. Moret entered an open plea of no contest, with no agreement regarding his sentence. But the scoresheet incorrectly contains a checkmark next to the box indicating that the sentence involved a “Plea Bargain.”

Accordingly, we remand for correction of this scrivener's error on Mr. Moret's scoresheet. Mr. Moret “need not be present when this correction is made.” See Holmes v. State, 109 So. 3d 1191, 1192 (Fla. 2d DCA 2013).

Affirmed and remanded for correction of scrivener's error.

PER CURIAM.

LaROSE, ROTHSTEIN-YOUAKIM, and STARGEL, JJ., Concur.

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