Quaif v. State
The Fifth District denied en banc rehearing of a panel decision that, following the court's recent Williams v. State opinion, declined to correct a scrivener's (statutory-citation) error favoring the defendant in an Anders appeal. Judge Makar, joined by three other judges, dissented, arguing the panel disregarded established Fifth District precedent (Dubuc, Walker, Torres) allowing correction of such errors in Anders cases without going through the en banc process required to overrule precedent.
Key facts
- Defendant appealed conviction in trial court; appellate counsel filed Anders brief identifying no meritorious issues.
- Panel affirmed conviction but declined to correct a scrivener's error in statutory citation that favored the defendant, following the court's recent Williams v. State decision.
- +2 more key facts with a free trial
Why it matters
This order flags a live and unresolved conflict within the Fifth District (and potentially among Florida's appellate courts) over whether courts must sua sponte correct scrivener's errors favoring criminal defendants… — full analysis with a trial
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