CHRISTOPHER HUNTER
v.
STATE OF FLORIDA
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A scrivener's error in a written sentence must be corrected to conform to the trial court's oral pronouncement at sentencing, and such correction does not require the defendant's presence when it does not affect the term of incarceration.
[1] A scrivener's error in a written sentence that does not conform to the trial court's oral pronouncement at sentencing may be corrected on remand, and the defendant's pres…
[2] Anders briefs and procedures are unnecessary and inapplicable in postconviction appeals, and appellate counsel is not required to follow Anders requirements in postconvic…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“An Anders brief is unnecessary in postconviction appeals, and neither we nor appellate counsel need to follow Anders' procedures or requirements.”
The court addressed the procedural issue of postconviction counsel's Anders brief and motion to withdraw, clarifying that Anders procedures do not apply to postconviction appeals.
Christopher Hunter appealed the partial denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. The trial…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
CHRISTOPHER HUNTER,
Appellant,
v. Case No. 5D20-1609 5D20-1610
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed March 26, 2021
Appeal from the Circuit Court for Seminole County, Marlene M. Alva, Judge.
Matthew J. Metz, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Christopher Hunter appeals the partial denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. We affirm in all respects but remand for the correction of a scrivener’s error
2 in his written sentence on Count 4 in Case No. 2011-CF-003387-A to conform to the trial court’s oral proclamation at resentencing. See Beard v. State, 27 So. 3d 186, 187 (Fla. 5th DCA 2010). Because this corrected sentence does not affect Hunter’s term of incarceration, he need not be present for this ministerial act. See Johnson v. State, 899 So. 2d 1283, 1283 (Fla. 5th DCA 2005).
We separately note appointed postconviction counsel’s Anders1 brief and motion to withdraw. An Anders brief is unnecessary in postconviction appeals, and neither we nor appellate counsel need to follow Anders’ procedures or requirements. See Smith v. State, 956 So. 2d 494, 495 (Fla. 1st DCA 2007); Medrano v. State, 795 So. 2d 1009, 1010 (Fla. 4th DCA 2001). Indeed, there is no right to counsel in postconviction proceedings. Medrano, 795 So. 2d at 1010 (citing Pennsylvania v. Finley, 481 U.S. 551, 554–56 (1987)). Based on the meritorious issue raised in counsel’s brief, we deny the motion to withdraw. We will, however, strike postconviction Anders briefs going forward. AFFIRMED and REMANDED.
COHEN, TRAVER and NARDELLA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Pennsylvania v. Finley, 481 U.S. 551 (U.S. 1987)
- Johnson v. State, 899 So. 2d 1283 (Fla. 5th DCA 2005)
- Beard v. State, 27 So. 3d 186 (Fla. 5th DCA 2010)
- Acencion Medrano v. State, 795 So. 2d 1009 (Fla. 4th DCA 2001)
- Smith v. State, 956 So. 2d 494 (Fla. 1st DCA 2007)