JOHN A. RAMOS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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This appeal is brought under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Having reviewed the record on appeal, we affirm Appellant’s conviction for aggravated battery while in actual possession of a firearm and the ten-year mandatory minimum sentence the trial court imposed.
However, the record reveals potential errors in the imposition of costs and fees, and a discrepancy between the total amount orally announced and the total reflected in the written judgment and sentence. In order to reverse for sentencing errors in an Anders appeal, the appellant must have preserved the errors either by objecting when the sentence was imposed or by filing a motion to correct sentencing errors. See A.L.B. v. State, 23 So.3d 190, 191 (Fla. 1st DCA 2009). Appellant did neither in this case; therefore we must *592affirm. But we do so without prejudice to his hereafter filing an appropriate post-conviction motion. See A.L.B., 23 So.3d at 192 (“Today’s affirmance is without prejudice to appellant’s right to seek relief collaterally[.]”); Colon v. State, 869 So.2d 1290, 1290 (Fla. 4th DCA 2004).
LEWIS, C.J., CLARK and MARSTILLER, JJ., concur.
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Clark v. State, 223 So. 3d 1126 (Fla. 1st DCA 2017)…endant notice and an opportunity to be heard”). Third, there is a discrepancy between the court’s oral pronouncement of the total amount of fines, fees, and costs and the total listed in Appellant’s written judgment and sentence. See Ramos v. State, 156 So. 3d 591, 591-92 (Fla. 1st DCA 2015) (mem.) (explaining “a discrepancy between the total amount orally announced and the total reflected in the written judgment and sentence” is a sentencing error); Whitney v. State, 108 So. 3d 1157, 1157-58 (Fla. 1st DCA 20…
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Thomas v. State, 190 So. 3d 222 (Fla. 1st DCA 2016)…it is a discretionary cost and not a mandatory'cost”). Because appellant did not préserve the error either by objecting during imposition of the sentence or by filing a motion to correct sentencing errors, this Court must affirm. See Ramos v. State, 156 So. 3d 591 (Fla. 1st DCA 2015). We do so without prejudice to appellant’s right to file an appropriate post-conviction motion'to correct any unpreserved sentencing errors. See id.-, see also Collando-Pena v. State, 141 So. 3d 229 (Fla. 1st DCA 2014) (affirming…
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King v. State, 168 So. 3d 347 (Fla. 1st DCA 2015)…ally noted by the trial court and the amount actually imposed, we affirm without prejudice to appellant’s ability to file an appropriate post-conviction motion challenging the assessment of costs and fees, if she wishes to do so. See Ramos v. State, 156 So. 3d 591, 591-92 (Fla. 1st DCA 2015). WOLF, WETHERELL, and BILBREY, JJ., concur.…
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- Anders v. California, 386 U.S. 738 (U.S. 1967)
- A.L.B. v. State, 23 So. 3d 190 (Fla. 1st DCA 2009)
- Colon v. State, 869 So. 2d 1290 (Fla. 4th DCA 2004)