DAROUS JAMES BUSH v. STATE OF FLORIDA (2023)

In this Anders ¹ appeal, we affirm, without further comment, the judgment and sentences imposed by the trial court. However, we remand for the entry of an amended judgment to correct a clerical error to show that Appellant entered a plea of guilty, not nolo contendere, to the crimes for which he was convicted.

AFFIRMED; REMANDED to correct clerical error.

I agree that we must affirm Appellant's judgment and sentence. However, I would not correct the clerical error here because our limited Anders review does not include correction of harmless error. See State v. Causey, 503 So. 2d 321, 322–23 (Fla. 1987) (“While courts should not assume the role of appellate counsel, reversible error should not be ignored simply because an indigent appellant or a public defender failed to point it out.” (emphasis added)); see also United States v. Wilmoth, 668 F. App'x 455, 457 (4th Cir. 2016) (“In accordance with Anders, we have reviewed the entire record in this case and found no meritorious issues for appeal, other than the risk enhancement issue, which we conclude fails harmless error review.”); United States v. Hill, 358 F. App'x 729, 731 (7th Cir. 2010) (applying harmless error analysis to potential error in Anders case).

FOOTNOTES

1.   Anders v. California, 386 U.S. 738 (1967).

PER CURIAM.

LAMBERT, C.J., and WALLIS, J., concur. EISNAUGLE, J., concurs in part, dissents in part, with opinion.