KRISTOPHER HADDOCK
v.
STATE OF FLORIDA
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Convictions and sentences are affirmed, but the case is remanded for the trial court to correct sentencing errors including removal of costs under section 938.10 and reduction of costs under section 938.085, and to correct the count description from kidnapping to false imprisonment.
[1] When a trial court grants a motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2) but fails to implement the corrections, the appellate…
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Join FLexlaw to unlock all legal intelligenceKristopher Haddock was convicted and sentenced. The trial court had previously granted a motion to correct sentencing error under Rule 3.800(b)(2), bu…
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SILBERMAN, Judge.
In this Anders1 appeal, we affirm Kristopher Haddock's convictions and sentences but remand for the trial court to correct the sentencing documents. See In re
Anders Briefs, 581 So. 2d 149, 152 (Fla. 1991); Mobley v. State, 968 So. 2d 632, 632
1Anders v. California, 386 U.S. 738 (1967).
(Fla. 2d DCA 2007). The trial court had granted Haddock's motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), but no corrections have been made. Therefore, we remand for the trial court to correct the costs by removing the cost imposed pursuant to section 938.10, Florida Statutes (2016), and to reduce the cost imposed pursuant to section 938.085 from $453 to $302. In addition,
the trial court shall correct the judgment and sentence to change the description of count one from "Kidnap-False Imprisonment Adult" to "False Imprisonment Adult." The trial court shall also correct the probation order to reflect these changes.
Our affirmance is without prejudice to Haddock's right to file a timely,
facially sufficient motion for postconviction relief pursuant to Florida Rule of Criminal
Procedure 3.850.
Affirmed and remanded.
CASANUEVA and MORRIS, JJ., Concur.
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Gardner v. State, 45 Fla. L. Weekly D2344 (Fla. 2d DCA 2020)
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Pirtle v. State (Fla. 2d DCA 2021)
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Johnson v. State (Fla. 2d DCA 2022)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)
- Mobley v. State, 968 So. 2d 632 (Fla. 2d DCA 2007)