Williams v. State , 165 So. 3d 59 ( 2015 )

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
KELCEY JEREL WILLIAMS, )
)
Appellant, )
)
v. ) Case No. 2D14-3282
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed May 27, 2015.
Appeal from the Circuit Court for
Hillsborough County; Kimberly K. Fernandez
and Daniel L. Perry, Judges.
Howard L. Dimmig, II, Public Defender, and
Lisa Lott, Assistant Public Defender, Bartow,
for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, for Appellee.
CASANUEVA, Judge.
Based upon our independent review pursuant to Anders v. California, 386
U.S. 738 (1967), we affirm Kelcey Jerel Williams' judgment, sentence, and revocation of
probation without further comment. However, we remand with directions to correct a
scrivener's error that appears in both the judgment and the order of revocation of
probation.
Mr. Williams was charged with burglary of an occupied conveyance and
petit theft. He pleaded guilty to a lesser charge of attempted burglary of an occupied
conveyance, the petit theft charge was nolle prossed, and Mr. Williams was sentenced
to twenty-four months' probation on January 8, 2014.
On June 19, 2014, Mr. Williams admitted to violating his probation. The
trial court revoked Mr. Williams' probation and sentenced him to eighteen months in
prison. The judgment and order of revocation of probation, however, list the charge as
burglary of an occupied conveyance, a second-degree felony, see § 810.02(3)(d), Fla.
Stat. (2013), not attempted burglary of an occupied conveyance, a third-degree felony,
see §§ 810.02(3)(d), 777.04(4)(d), Fla. Stat. (2013).1 Accordingly, we affirm but remand
for correction of the judgment and order of revocation of probation to reflect the correct
crime–attempted burglary of an occupied conveyance, a third-degree felony.
Affirmed and remanded with directions.
ALTENBERND and KHOUZAM, JJ., Concur.
1
The sentencing scoresheet properly lists the offense as attempted
burglary of an occupied conveyance, a third-degree felony.
-2-