Daniels v. State, BE-314

• Decision Date: 09 October 1985
• Docket Number: No. BE-314,BE-314
• Citation: 476 So.2d 304,10 Fla. L. Weekly 2309
• Parties: 10 Fla. L. Weekly 2309 Addie Loretta DANIELS, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 304

476 So.2d 304

10 Fla. L. Weekly 2309

Addie Loretta DANIELS, Appellant, v. STATE of Florida, Appellee.

No. BE-314.

District Court of Appeal of Florida First District.

Oct. 9, 1985.

Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

This cause is before us on appeal from a judgment and sentence entered upon a plea of nolo contendere to attempted second degree murder without a firearm or weapon. The Public Defender filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), finding no error in the record below. We find error in the record and remand for correction of the written judgment, which incorrectly shows the crime of attempted first degree murder.

By information, defendant was charged with attempted first degree murder with a firearm. In exchange for a term of probation, including $6,000 in restitution and another 364 days in the county jail, defendant entered a negotiated plea without reservation of nolo contendere to attempted second degree murder without a firearm or weapon. The plea was accepted, defendant was adjudicated guilty, and she was sentenced to five years of probation to start after her jail term.

Rule 9.140(b), Florida Rules of Appellate Procedure, and ...