JAY B. DRAYTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We affirm Appellant’s convictions and sentences for attempted second-degree murder and armed robbery with a firearm. However, we reverse the Judgment for Fines, Costs, Fees and Surcharges because the trial court failed to delineate the discretionary fine(s) when announcing at sentencing that it would impose “$2,625 in court costs and fines.” Discretionary fines must be orally pronounced at sentencing. See Pullam v. State, 55 So.3d 674, 675 (Fla. 1st DCA 2011); Smiley v. State, 704 So.2d 191, 195 (Fla. 1st DCA 1997). On remand, the trial court may reimpose the assessments after giving Appellant notice and following the proper procedure. See Oliver v. State, 75 So.3d 349, 350 (Fla. 1st DCA 2011). We further instruct the court on remand to correct scrivener’s errors in the Criminal Punishment Code score sheet and the Order of Probation reflecting that Appellant pled nolo contendere; the documents should reflect he was found guilty by jury verdict. See State v. Anderson, 905 So.2d 111, 118 (Fla.2005); Herrin v. *288 State, 51 So.3d 1207, 1208 (Fla. 1st DCA 2011).
AFFIRMED in part; REVERSED part; REMANDED.
PADOVANO, MARSTILLER, and ROWE, JJ., concur.
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Carter v. State, 173 So. 3d 1048 (Fla. 1st DCA 2015)…sheet contains a scrivener’s error in that it notes that appellant was sentenced pursuant to a plea. We remand so that the trial court may correct this error to properly indicate that appellant was found guilty by jury verdict. See Drayton v. State, 89 So. 3d 287 (Fla. 1st DCA 2012). As such, we AFFIRM the judgment but REMAND for minor corrections in the judgment and sentence and criminal punishment code scoresheet. BILBREY, J., and HULSLANDER, VICTOR L., Associate Judge, concur. . Appellant claims our de…
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Fredrick Colson v. State, 114 So. 3d 415 (Fla. 1st DCA 2013)…rther instruct the court on remand to correct the scrivener’s error in the Criminal Punishment Code score sheet reflecting that the appellant entered a plea; the document should reflect that he was found guilty by jury verdict. See Drayton v. State, 89 So. 3d 287 (Fla. 1st DCA 2012). AFFIRMED in part, REVERSED in part, and REMANDED. ROBERTS, WETHERELL, and MARSTILLER, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). The appellant also raised the issues in a Florida…
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Penn v. State, 190 So. 3d 258 (Fla. 1st DCA 2016)…ial court shall correct this error. See Carter v. State, 173 So. 3d 1048, 1051 (Fla. 1st DCA 2015) (affirming judgment but remanding for correction of scrivener’s error where scoresheet incorrectly indicated plea instead of trial); Drayton v. State, 89 So. 3d 287, 287-88 (Fla. 1st DCA 2012) (mem.) (instructing lower court to correct documents indicating plea, where a jury found appellant guilty); Herrin v. State, 51 So. 3d 1207, 1208 (Fla. 1st DCA 2011) (remanding .for correction of scrivener’s error in mann…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Anderson, 905 So. 2d 111 (Fla. 2005)
- Smiley v. State, 704 So. 2d 191 (Fla. 1st DCA 1997)
- Clark v. State, 55 So. 3d 674 (Fla. 1st DCA 2011)
- Pullam v. State, 55 So. 3d 674 (Fla. 1st DCA 2011)
- Oliver v. State, 75 So. 3d 349 (Fla. 1st DCA 2011)
- Herrin v. State, 51 So. 3d 1207 (Fla. 1st DCA 2011)