ASHLEY KNIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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In this Anders1 appeal, we affirm the appellant’s convictions and sentences. However, in what is clearly a scrivener’s error, the written judgment in case 09-00148 reflects a sentence of 15 years in prison followed by 15 years on probation for the offense of the burglary of a dwelling in count I. At sentencing, the trial court orally pronounced a sentence of 15 years in prison for this offense. Therefore, the written judgment must be corrected to conform to the oral pronouncement. See Turner v. State, 770 So.2d 1288, 1288 (Fla. 1st DCA 2000) (affirming and remanding in an Anders appeal with instructions to conform the judgment to the oral pronouncement awarding credit for time served). Appellant need not be present for the correction of this clerical error.
AFFIRMED but REMANDED to correct the written sentence in case number *106809-00148 to reflect a 15-year prison sentence as to count I.
PADOVANO, WETHERELL, and SWANSON, JJ., concur.
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Douglas v. State, 140 So. 3d 691 (Fla. 1st DCA 2014)…written sentencing document. State v. Williams, 870 So. 2d 207 (Fla. 1st DCA 2004) (citing Ashley v. State, 850 So. 2d 1265, 1268 (Fla.2003)). The appellant does not need to be present for the correction of this clerical error. See Knight v. State, 114 So. 3d 1067 (Fla. 1st DCA 2013). AFFIRMED but REMANDED to correct the written sentence in the judgment and probationary order to reflect a 15-year prison sentence as to Count I. BENTON, WETHERELL, and MARSTILLER, JJ., concur. . Anders v. California, 386…
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Murray v. State, 164 So. 3d 1251 (Fla. 1st DCA 2015)…to correct the order of probation to reflect that Appellant was found guilty by jury verdict. Fisher v. State, 697 So. 2d 1291, 1292 (Fla. 1st DCA 1997). Appellant need not be present for the correction of these scrivener’s errors. Knight v. State, 114 So. 3d 1067, 1067 (Fla. 1st DCA 2013). Appellant’s judgment and sentence are otherwise affirmed. AFFIRMED in part, REVERSED in part, and REMANDED with instructions. LEWIS, C.J., RAY and KELSEY, JJ„ concur.…
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Labrandon Bodison v. State, 174 So. 3d 1011 (Fla. 1st DCA 2015)…appeal pursuant to Harrison v. State, 146 So. 3d 76, 80-81 (Fla. 1st DCA 2014), and agrees that the error should be corrected. We reverse and remand for the trial court to conform the written sentence to the oral pronouncement. See Knight v. State, 114 So. 3d 1067 (Fla. 1st DCA 2013). Appellant need not be present for the correction of this scrivener’s error. Appellant’s judgment and sentence are otherwise affirmed. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED with instructions. LEWIS, C.J., WOLF, and R…
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- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Turner v. State, 770 So. 2d 1288 (Fla. 1st DCA 2000)