Narrative Opinion Summary
The court affirms all issues raised by Appellant Charles L. Semko in this Anders appeal. However, it identifies a scrivener’s error in the sentencing documentation: the trial court had orally imposed the statutory maximum sentence of five years for Count Two (grand theft), but the written judgment incorrectly reflects a fifteen-year sentence. The case is remanded to the trial court for the correction of this error. The judges SAWAYA, TORPY, and WALLIS concur in this decision.
Legal Issues Addressed
Appellate Review under Anderssubscribe to see similar legal issues
Application: The appellate court reviews all issues raised in an Anders appeal and identifies errors even if they are not raised by the appellant.
Reasoning: The court affirms all issues raised by Appellant Charles L. Semko in this Anders appeal.
Remand for Correction of Judgmentsubscribe to see similar legal issues
Application: The case is remanded to the trial court to correct the documented sentencing error to reflect the sentence as orally pronounced.
Reasoning: The case is remanded to the trial court for the correction of this error.
Scrivener’s Error in Sentencing Documentationsubscribe to see similar legal issues
Application: The trial court's written judgment contained a scrivener's error, where the sentence documented did not match the sentence orally imposed.
Reasoning: The trial court had orally imposed the statutory maximum sentence of five years for Count Two (grand theft), but the written judgment incorrectly reflects a fifteen-year sentence.