JUSTIN TAVARSE BARGE
v.
STATE OF FLORIDA
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The judgment and sentence must be remanded to the trial court to correct a scrivener's error omitting the conviction and sentence for count three.
[1] A defendant need not be present at resentencing when the trial court is correcting a purely ministerial or clerical error that involves no exercise of judicial discretion…
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Join FLexlaw to unlock all legal intelligence“a defendant need not be present at resentencing if the error to be corrected is 'purely ministerial' or clerical, and involves no exercise of the court's discretion.”
Court citing Walton v. State regarding defendant presence requirements for correcting scrivener's errors
Barge was convicted and sentenced on multiple counts. The judgment and sentence issued by the trial court inadvertently omitted the conviction and sen…
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July 22, 2019 PER CURIAM.
This appeal was filed pursuant to Anders v. California, 386 U.S. 738 (1967). Having reviewed the record, we affirm the Appellant’s convictions and sentences, but we remand with directions to correct a scrivener’s error in the judgment and sentence. See Ducker v. State, 197 So. 3d 1095, 1095-96 (Fla. 1st DCA 2016) (affirming judgment and sentence but remanding for correction of unpreserved scrivener’s errors).
The judgment and sentence inadvertently omits the conviction and sentence for count three. The Appellant need not be present for these ministerial corrections to the judgment. See Walton v. State, 106 So. 3d 522, 529 (Fla. 1st DCA 2013) (“[A] defendant need not be present at resentencing if the error to be corrected is ‘purely ministerial’ or clerical, and involves no exercise of the court’s discretion.”).
AFFIRMED and REMANDED with instructions.
B.L. THOMAS, ROWE, and OSTERHAUS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Leronnie Lee Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013)
- Ducker v. State, 197 So. 3d 1095 (Fla. 1st DCA 2016)