AARON MITCHELL RICHARDSON
v.
STATE OF FLORIDA
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Aaron Mitchell Richardson appealed his conviction and sentence for driving with a suspended license. The appellate court affirmed the conviction and sentence but remanded for the trial court to correct scrivener's errors in sentencing documentation, specifically requiring the amended judgment to fully itemize costs and cite their statutory bases.
The court affirmed Richardson's conviction and sentence without comment, but remanded with instructions requiring the trial court and clerk to conform the amended judgment and sentence to the trial court's September 2, 2022 order, which specified the exact costs and statutory references that must be included.
[1] A trial court's order granting a motion to correct sentencing errors must be fully complied with by the clerk in entering an amended judgment and sentence.
[2] A trial court may grant a motion to correct scrivener's errors in a sentence under Florida Rule of Criminal Procedure 3.800(b)(2) if the original sentence fails to itemiz…
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Join FLexlaw to unlock all legal intelligence“The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order.”
Establishes the legal requirement that sentencing orders must cite statutory authority for all costs imposed, citing Singletary v. State and Vick v. State.
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Join FLexlaw to unlock all legal intelligenceRichardson was convicted of driving while license suspended and sentenced on January 27, 2022. After appealing but before filing his initial brief, Ri…
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LABRIT, Judge. Aaron Mitchell Richardson appeals his conviction and sentence for driving while license suspended. We affirm the conviction and sentence without comment, but we remand with instructions to conform the sentence to the trial court's order on Mr. Richardson's motion to correct sentencing errors. The trial court entered the original judgment and sentence on January 27, 2022. After filing this appeal but before filing his initial brief, Mr. Richardson filed a motion in the trial court under Florida Rule
of Criminal Procedure 3.800(b)(2) to correct scrivener's errors in the sentence. Within sixty days, the trial court filed an order granting Mr. Richardson's motion. It found that the original sentence did not itemize all costs imposed or cite the statutory bases for them as the law requires. See Singletary v. State, 198 So. 3d 973, 974 (Fla. 2d DCA 2016) ("The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order." (quoting Vick v. State, 37 So. 3d 951, 952 (Fla. 2d DCA 2010))).
The trial court's order directed the clerk to enter an amended judgment and sentence, and it identified the specific costs and statutory references that the amended judgment and sentence must include. The clerk entered an amended judgment and sentence but it does not fully comply with the trial court's order. We therefore remand with instructions to conform the amended judgment and sentence to the trial court's order entered September 2, 2022. See Johnson v. State, 48 Fla.
L. Weekly D41, D42 (Fla. 2d DCA Dec. 30, 2022) (remanding for entry of an amended judgment and sentence to correct scrivener's errors as the trial court had ordered in granting defendant's rule 3.800(b)(2) motion).
Affirmed; remanded with instructions. NORTHCUTT and CASANUEVA, JJ., Concur. Opinion subject to revision prior to official publication.
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Citator
Cited By
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Richardson v. State, 48 Fla. L. Weekly D41 (Fla. 2d DCA 2023)
Authorities Cited
- Vick v. State, 37 So. 3d 951 (Fla. 2d DCA 2010)
- Singletary v. State, 198 So. 3d 973 (Fla. 2d DCA 2016)
- Richardson v. State, 48 Fla. L. Weekly D41 (Fla. 2d DCA 2023)