Background
Timothy Ray Finley appealed his judgment and sentence from the Circuit Court for Clay County. His appointed counsel filed an Anders brief, indicating that counsel found no meritorious issue for appeal, and Finley also participated pro se.
The written judgment stated that Finley had entered a guilty plea. The record instead showed that a jury convicted him.
The Court’s Holding
The Fifth District Court of Appeal affirmed Finley’s judgment and sentence after conducting its Anders review.
The court nevertheless concluded that the judgment’s inaccurate description of Finley’s conviction as resulting from a guilty plea could not be treated as harmless. It remanded the case for the trial court to correct the judgment to reflect that Finley was found guilty by a jury.
Key Takeaways
- The appellate court affirmed the judgment and sentence following Anders review.
- A written judgment must accurately identify whether a conviction resulted from a plea or a jury verdict.
- The trial court must correct Finley’s judgment to state that he was convicted by a jury.
Why It Matters
Even when an appellate court finds no basis to disturb a conviction or sentence, it may require correction of a material error in the written judgment. Accurately recording the manner of conviction protects the defendant from potential consequences flowing from an incorrect court record.