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Jarmal N. Brown v. State
5D16-4210
Fla. Dist. Ct. App.
Sep 18, 2017
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*1 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JARMAL N. BROWN,

Appellant, v. Case No. 5D16-4210 STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed September 1 8 , 2017

Appeal from the Circuit Court

for Flagler County,

Matthew M. Foxman, Judge.

James S. Purdy, Public Defender,

and Ailene S. Rogers, Assistant

Public Defender, Daytona Beach,

for Appellant.

Pamela Jo Bondi, Attorney General,

Tallahassee, and Nora Hutchinson

Hall, Assistant Attorney General,

Daytona Beach, for Appellee.

PER CURIUM.

In this Anders [1] appeal, Jarmal N. Brown (the defendant) appeals his judgment and sentence. We affirm because the defendant pled no contest and his sentence is legal. *2 See Fla. R. App. P. 9.140(b). However, the judgment contains a scrivener’s error that must be corrected.

The defendant pled no contest to two offenses, including burglary of an occupied structure under section 810.02(3)(c), Florida Statutes (2016), but his judgment reflects a conviction for burglary of an occupied structure under section 810.02(3)(d). Accordingly, we remand for correction of the judgment to reflect the defendant’s actual conviction. See Johnson v. State, 84 So. 3d 452 (Fla. 5th DCA 2012).

AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENER’S ERROR.

PALMER, WALLIS and LAMBERT, JJ., concur.

2

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

Case Details

Case Name: Jarmal N. Brown v. State
Court Name: District Court of Appeal of Florida
Date Published: Sep 18, 2017
Docket Number: 5D16-4210
Court Abbreviation: Fla. Dist. Ct. App.
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