Folsom v. State ( 2015 )


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  •               NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
    MOTION AND, IF FILED, DETERMINED
    IN THE DISTRICT COURT OF APPEAL
    OF FLORIDA
    SECOND DISTRICT
    CAROL FOLSOM,                               )
    )
    Appellant,                     )
    )
    v.                                          )          Case No. 2D15-443
    )
    STATE OF FLORIDA,                           )
    )
    Appellee.                      )
    )
    Opinion filed December 30, 2015.
    Appeal from the Circuit Court for Polk
    County; Glenn T. Shelby, Judge.
    Howard L. Dimmig, II, Public Defender,
    and Maureen E. Surber, Assistant Public
    Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General,
    Tallahassee, for Appellee.
    SALARIO, Judge.
    Based upon an independent review pursuant to Anders v. California, 
    386 U.S. 738
     (1967), we affirm Carol Folsom's withhold of adjudication and her resulting
    probationary sentence without further comment. However, we note a scrivener's error
    on the face of the probation order. The order incorrectly reflects that Ms. Folsom
    entered a guilty plea. The record shows that Ms. Folsom was found guilty following a
    jury trial. We remand for correction of this error. See Murphy v. State, 
    164 So. 3d 49
    (Fla. 2d DCA 2015); Brunson v. State, 
    977 So. 2d 748
     (Fla. 2d DCA 2008).
    Affirmed and remanded with directions.
    ALTENBERND and KELLY, JJ., Concur.
    -2-
    

Document Info

Docket Number: 2D15-443

Judges: Salario, Altenbernd, Kelly

Filed Date: 12/30/2015

Precedential Status: Precedential

Modified Date: 10/19/2024