Smith-Pickford v. State, 273 So. 3d 1195 (2019)

June 20, 2019 · District Court of Appeal of Florida, First District · No. 1D18-2881

273 So. 3d 1195

Brent James SMITH-PICKFORD, Appellant,
v.
STATE of Florida, Appellee.

No. 1D18-2881

District Court of Appeal of Florida, First District.

June 20, 2019

Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

Per Curiam.

Upon review pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no error with Appellant's judgment or sentence, and affirm. We write only to correct a scrivener's error on Appellant's judgment. See Ashley v. State , 850 So.2d 1265, 1268 n. 3 (Fla. 2003) (defining a scrivener's error as a written clerical error that is not "the result of a judicial determination or error"). Appellant's written judgment reflects that attempted robbery armed with a firearm is a first-degree felony. However, attempted robbery armed with a firearm is a second-degree felony. See §§ 812.13(2)(a); 775.087(2); 777.04, Fla. Stat. (2018). On remand, the trial court shall correct the error.

Wolf, Wetherell, and Makar, JJ., concur.