EMMANUEL WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm the sentence imposing adult sanctions for armed robbery and carrying a concealed weapon but remand to the trial court for the ministerial function of entering a written order at which defendant need not be present. Nation v. State, 668 So. 2d 284 (Fla. 1st DCA 1996); Mulligan v. State, 688 So. 2d 984 (Fla. 2nd DCA 1997); Crabb v. State, 676 So. 2d 505 (Fla. 1st DCA 1996); McBride v. State, 695 So. 2d 405 (Fla. 5th DCA 1997). We do strike the $2 Criminal Justice Education Fee, however, for lack of prior notice. Tarrant v. State, 668 So. 2d 223 (Fla. 4th DCA 1996).
WARNER and FARMER, JJ., and DONNER, AMY STEELE, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Leronnie Lee Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013)…Ministerial or clerical corrections include, e.g., striking an improper violent career criminal designation, see Mullins v. State, 997 So. 2d 443, 445 (Fla. 3d DCA 2008); entering a written sentence where none existed before, see Williams v. State, 697 So. 2d 584, 584 (Fla. 4th DCA 1997); or changing the written sentence to conform to the oral pronouncement of sentence, see Frost v. State, 769 So. 2d 443, 444 (Fla. 1st DCA 2000). Neither circumstance is present in this ease. Defense counsel’s consent did no…
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Dougherty v. State, 785 So. 2d 1221 (Fla. 4th DCA 2001)…zo v. State, 596 So. 2d 438, 439 (Fla.1992). An exception is made in resentencing cases where all that is required on remand is a ministerial act of sentence correction. See Frost v. State, 769 So. 2d 443, 444 (Fla. 1st DCA 2000); Williams v. State, 697 So. 2d 584 (Fla. 4th DCA 1997). However, “[a] criminal defendant has a right to be present at sentencing, whether the sentence to be imposed is the immediate result of adjudication of guilt or the result of a successful 3.850 challenge.” Barcelo v. State, 774…
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Orta v. State, 919 So. 2d 602 (Fla. 3d DCA 2006)…rror. Dougherty, 785 So. 2d at 1223. Florida has, however, recognized an exception in resentencing cases where only the “ministerial act” of sentence correction is required. Frost v. State, 769 So. 2d 443, 444 (Fla. 1st DCA 2000); Williams v. State, 697 So. 2d 584 (Fla. 4th DCA 1997)(correcting a discrepancy between the oral pronouncement and the written sentence). After reviewing the Record, we conclude that resentencing in the instant case does not involve a “ministerial act.” In Roy v. State, 711 So. 2d 1…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Vandy Tarrant v. State, 668 So. 2d 223 (Fla. 4th DCA 1996)
- Nation v. State, 668 So. 2d 284 (Fla. 1st DCA 1996)
- Crabb v. State, 676 So. 2d 505 (Fla. 1st DCA 1996)
- Mulligan v. State, 688 So. 2d 984 (Fla. 2d DCA 1997)
- Dontoria v. McBRIDE, 695 So. 2d 405 (Fla. 5th DCA 1997)
- Cesaire-Valery v. State, 695 So. 2d 405 (Fla. 3d DCA 1997)