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960 So. 2d 905

Docket No. 2D04-3574.

Brown v. State

Erica Bonita BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2007-07-20

Cited by 2 later decisions — most recently June 2016

2 state decisions

Relies on Anders v. California · Nunez v. State · Cole v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-07-20

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¶1Antonio R. Arnao of Law Office of Antonio R. Arnao, St. Petersburg, for Appellant.

¶2Bill McCollum, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.

¶3SALCINES, Judge.

¶4Appellate counsel for Erica Brown has filed an Anders[1] brief with this court. One of the possible issues raised by counsel was whether the trial court committed fundamental error by adjudicating Brown guilty of both second-degree murder and home invasion robbery. It is clear from the record that Brown entered a plea of nolo contendere only to the charge of second-degree murder. The judgment includes an adjudication for an offense to which she did not plead. This was fundamental reversible error to which no objection was required. See Cole v. State,924 So.2d 962, 963 (Fla. 4th DCA 2006).[2]

¶5*906 Accordingly, we reverse the adjudication for home invasion robbery and remand for the trial court to enter an amended judgment in accordance with the dictates of this opinion. The adjudication and sentence for second-degree murder is affirmed.

¶6Affirmed in part, reversed in part, and remanded.

¶7DAVIS and LaROSE, JJ., Concur.

NOTES

¶8[1] Anders v. California,386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

¶9[2] If this had been only a sentencing error, the issue would not have been preserved. See Nunez v. State,912 So.2d 693, 693 (Fla. 2d DCA 2005) (holding unpreserved sentencing error, even if fundamental error, must be preserved through a timely filed Florida Rule of Criminal Procedure 3.800(b) motion).

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