SHANE PATRICK WEAVER
v.
STATE OF FLORIDA
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The judgment and sentence are affirmed, but the case is reversed and remanded for entry of an amended judgment and sentence to include the public defender application fee in the cost order.
[1] A trial court's omission of a public defender application fee from a cost order, despite pronouncing the fee at sentencing, constitutes a scrivener's error that may be co…
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Join FLexlaw to unlock all legal intelligenceShane Patrick Weaver was convicted and sentenced in Marion County Circuit Court. At sentencing, the trial court failed to include the public defender …
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________ Case No. 5D2024-2956 LT Case No. 2024-CF-001055-A _____________________________ SHANE PATRICK WEAVER, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Marion County. Robert William Hodges, Judge. Matthew J. Metz, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant. James Uthmeier, Attorney General, Tallahassee, and Daniel P. Caldwell, Assistant Attorney General, Daytona Beach, for Appellee. September 5, 2025
PER CURIAM.
Shane Patrick Weaver seeks review of his judgment and sentence in this Anders* appeal. Having reviewed the record, we * Anders v. California, 386 U.S. 738 (1967).
2 affirm as Weaver’s judgment and sentence but note that the cost of the public defender application fee, which was pronounced at Weaver’s sentencing directly following his trial, was not included in the cost order. We reverse solely for the entry of an amended judgment and sentence to correct for the amount of the public defender application fee. See Fucci v. State, 403 So. 3d 1091 (Fla. 5th DCA 2025); see also Mneimne v. State, 408 So. 3d 129 (Fla. 5th DCA 2025).
AFFIRMED, in part; REVERSED, in part; and REMANDED with instructions.
MAKAR and SOUD, JJ., concur. PRATT, J., concurs in part and dissents in part, with opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Aiden Sean Fucci v. State, 403 So. 3d 1091 (Fla. 5th DCA 2025)