Lucas v. State, 175 So. 3d 939 (Fla. 5th DCA 2015). · Go Syfert
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Lucas v. State, 175 So. 3d 939 (Fla. 5th DCA 2015). Cases Citing This Book View Copy Cite
“he lower court applied the wrong standard of law to justify a stop of a motor vehicle-probable cause, rather than reasonable suspicion”
1 citation event across 1 distinct court.
Strongest positive: State of Florida v. Michelle Lynn Howard (fladistctapp, 2025-05-09)
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discussed Cited as authority (verbatim quote) State of Florida v. Michelle Lynn Howard
Fla. Dist. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
he lower court applied the wrong standard of law to justify a stop of a motor vehicle-probable cause, rather than reasonable suspicion
Kelly Swain LUCAS
v.
STATE of Florida
No. 5D15-1155.
District Court of Appeal of Florida, Fifth District.
Oct 9, 2015.
175 So. 3d 939
Kelly S. Lucas, Wewahitchka, pro se., James S. Purdy, Public Defender, and John M. Selden, Assistant Public Defender, Daytona Beach, for Appellant., Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.
Berger, Edwards, Wallis.
Published
WALLIS, J.

We affirm this Anders[1] appeal in all respects. However, we note that the judgment contains a scrivener’s error in stating Appellant’s conviction for aggravated battery with a deadly weapon. The jury found Appellant guilty of the lesser-included offense of aggravated assault with a deadly weapon, and the lower court adjudicated Appellant guilty of aggravated assault, “the lesser included offense as found by the jury.” Thus, we remand this case for correction of the scrivener’s error on the judgment. See, e.g., Downey v. State, 114 So.3d 356 (Fla. 5th DCA 2013) (affirming an Anders appeal but remanding for correction of scrivener’s errors).

AFFIRMED AND REMANDED WITH INSTRUCTIONS.

BERGER and EDWARDS, JJ., concur.
1

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