ROBERT ALVESTER LAMB
v.
STATE OF FLORIDA
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A trial court must amend a sentencing order to include an orally pronounced minimum mandatory sentence even when the written sentencing order omits it, as this constitutes a scrivener's error rather than a legal error.
[1] The omission of an orally pronounced minimum mandatory sentence from a written sentencing order constitutes a scrivener's error subject to correction on appeal, and a tri…
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Join FLexlaw to unlock all legal intelligenceRobert Alvester Lamb entered an open guilty plea to a charged offense in Duval County Circuit Court. The trial judge orally pronounced a three-year mi…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D2025-0507 L.T. Case No. 16-2022-CF-4131-A _____________________________
ROBERT ALVESTER LAMB,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Duval County. Jonathan David Sacks, Judge.
Matthew J. Metz, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant.
James Uthmeier, Attorney General, and Christina Piotrowski, Assistant Attorney General, Tallahassee, for Appellee.
December 5, 2025
PER CURIAM.
In this appeal proceeding under Anders v. California, 386 U.S. 738 (1967), we affirm the judgment and sentence imposed by the trial court following Appellant’s open, guilty plea to the charged offense. However, we remand with directions to the trial court to enter an amended sentencing order to include the orally pronounced three-year minimum mandatory sentence. See Flowers v. State, 395 So. 3d 1077 (Fla. 5th DCA 2024); Youngblood
2 v. State, 410 So. 3d 598 (Fla. 5th DCA 2024); Williams v. State, 50 Fla. L. Weekly D1636 (Fla. 5th DCA Jul. 25, 2025) (distinguishing scrivener’s errors from legal errors, and concluding “the sua sponte correction of errors harmful to the government in an Anders case is strictly limited to scrivener’s errors”).
AFFIRMED, REMANDED with directions.
SOUD, BOATWRIGHT, and MACIVER, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________