NIYKE DEANGELO ECHAVARRIA
v.
STATE OF FLORIDA
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The trial court's judgment and sentences are affirmed, and the case is remanded solely to correct scrivener's errors in the written sentences to match the oral pronouncement.
[1] An appellate court may affirm a judgment and sentence while remanding for correction of scrivener's errors in the written sentences.
[2] Appellate courts may correct scrivener's errors in written sentences to conform to the oral pronouncement of the trial court.
Previewing 2 of 4 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“the written sentences reflect a $300 fine pursuant to section 773.083, Florida Statutes; a nonexistent statute”
Description of the scrivener's error in the written sentencing documents
Niyke Deangelo Echavarria pleaded no contest to possession of cocaine within 1000 feet of a school with intent to sell and sale of cocaine within 1000…
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Appeal from the Circuit Court for Highlands County; Peter F. Estrada, Judge.
Howard L. Dimmig, II, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
LaROSE, Chief Judge.
Appellant's counsel filed a brief pursuant to Anders v. California, 386 U.S.
738 (1967). We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A). We affirm Niyke
Deangelo Echavarria's judgment and sentences; we remand for correction of obvious scrivener's errors in the written sentences.
Mr. Echavarria pleaded no contest to possession of cocaine within 1000 feet of a school with intent to sell and sale of cocaine within 1000 feet of a school. See
§ 893.13(1)(c)(1), Fla. Stat. (2015). The trial court sentenced him to concurrent terms of
98.25 months in prison, with a three-year mandatory-minimum prison term, for both offenses. The trial court also orally imposed various fines and costs, including a $300 fine pursuant to section 775.083, Florida Statutes (2018), for both offenses. However,
the written sentences reflect a $300 fine pursuant to section 773.083, Florida Statutes; a nonexistent statute.
Although we affirm, we remand for the trial court to correct the scrivener's errors. See Rivera v. State, 117 So. 3d 449-50 (Fla. 2d DCA 2013) (remanding for correction of the written sentences to reflect the oral pronouncement in an Anders appeal); Skinner v. State, 155 So. 3d 497, 497 (Fla. 5th DCA 2015) (remanding for correction of scrivener's error in the order on fines and costs in an Anders appeal). Mr.
Echavarria need not be present for the correction of the scrivener's errors. See
Rodriguez v. State, 223 So. 3d 1053, 1055 (Fla. 2d DCA 2017).
Affirmed; remanded to correct scrivener's errors.
VILLANTI and ATKINSON, JJ., Concur.
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Eskra v. State (Fla. 2d DCA 2024)
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Swist v. State (Fla. 2d DCA 2025)
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Johnson v. State (Fla. 2d DCA 2022)
Previewing 3 of 5 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)
- Alton Jamal Rivera v. State, 117 So. 3d 449 (Fla. 2d DCA 2013)
- Rodriguez v. State, 223 So. 3d 1053 (Fla. 2d DCA 2017)
- Alyssia Skinner v. State, 155 So. 3d 497 (Fla. 5th DCA 2015)
- Combs v. State, 155 So. 3d 497 (Fla. 5th DCA 2015)