Stephanie M. Sousie v. State of Florida , 242 So. 3d 529 ( 2018 )


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  •          FIRST DISTRICT COURT OF APPEAL
    STATE OF FLORIDA
    _____________________________
    No. 1D17-1703
    _____________________________
    STEPHANIE M. SOUSIE,
    Appellant,
    v.
    STATE OF FLORIDA,
    Appellee.
    _____________________________
    On appeal from the Circuit Court for Walton County.
    Kelvin C. Wells, Judge.
    April 30, 2018
    PER CURIAM.
    This appeal pursuant to Anders v. California, 
    386 U.S. 738
    (1967), involves three Walton County cases—a 2014 conviction as
    to which Appellant violated her probation, and two new law
    offenses in 2016 that triggered the violation. We affirm
    Appellant’s convictions and sentences, and instruct the lower
    court to correct a scrivener’s error on the judgment, which
    includes a count that had been dismissed.
    The 2014 conviction was charged as grand theft under
    sections 812.014(1)(a), (b), (2)(b), Florida Statutes (2014). The
    judgment on appeal cites this crime as Count I of Case No. 14-
    CF-598, “Larceny greater than $20K but less than $100k.” The
    record reflects, however, that this count was dismissed during the
    original proceedings. It does not appear on the original judgment,
    the order revoking probation, or the scoresheets in the record. On
    remand the trial court shall enter an amended judgment deleting
    this reference. See King v. State, 
    201 So. 3d 206
     (Fla. 1st DCA
    2016) (affirming an Anders appeal but remanding for correction
    of scrivener’s errors in the written judgment); Washington v.
    State, 
    37 So. 3d 376
     (Fla. 1st DCA 2010) (same).
    AFFIRMED and REMANDED with instructions.
    LEWIS, KELSEY, and WINSOR, JJ., concur.
    _____________________________
    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
    _____________________________
    Andy Thomas, Public Defender, and Steven L. Seliger, Assistant
    Public Defender, Tallahassee, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
    2
    

Document Info

Docket Number: 17-1703

Citation Numbers: 242 So. 3d 529

Filed Date: 4/30/2018

Precedential Status: Precedential

Modified Date: 4/30/2018