KENON
v.
STATE OF FLORIDA
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The appellate court reviewed Kenon's judgment and sentence under the Anders v. California standard and found no reversible error. However, the court identified and corrected a scrivener's error in the sentencing order where the written judgment incorrectly imposed a day-for-day prison releasee reoffender requirement that conflicted with the parties' agreed sentence.
The court affirmed the judgment and sentence but remanded for correction of a scrivener's error. The written sentence should be corrected by deletion of the prison releasee reoffender language that would require all ten years to be served day-for-day, contrary to the parties' agreement and the court's intent.
[1] A judgment and sentence will be affirmed upon review if no reversible error is found.
[2] Scrivener's errors in a judgment or sentence may be corrected on remand.
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Join FLexlaw to unlock all legal intelligence“a written clerical error that is not the result of a 'judicial determination or error'”
Court's definition of scrivener's error applicable to Kenon's case
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Join FLexlaw to unlock all legal intelligenceAppellant Kenon agreed to a sentence of ten years in prison with a five-year minimum mandatory term followed by three years of sex offender probation.…
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April 24, 2024 PER CURIAM.
Upon review pursuant to Anders v. California, 386 U.S. 738 (1967), we find no reversible error and affirm Appellant’s judgment and sentence. However, we remand for correction of a scrivener’s error. See Ashley v. State, 850 So. 2d 1265, 1268 n.3 (Fla. 2003) (defining a scrivener’s error as a written clerical error that is not the result of a “judicial determination or error”). Appellant agreed to a sentence of ten years in prison (with a five-year minimum mandatory term) followed by three years of sex offender probation. The court imposed the sentence as agreed. The written amended sentence correctly imposes the agreed-to sentence but then also states: “The defendant is adjudicated a prison releasee reoffender and has been sentenced to serve 100 percent of the court-imposed
sentence in accordance with section 775.082(8)(B).” This language, if implemented, would require all ten years to be served day-for- day—contrary to the intention of the parties and the court. The written sentence should be corrected by deletion of the above- quoted language.
On remand, the lower tribunal shall correct this scrivener’s error, consistent with this opinion. Appellant need not be present for this ministerial correction. 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 for correction of scrivener’s error. B.L. THOMAS, RAY, and KELSEY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Columbus Rickey Ashley v. State, 850 So. 2d 1265 (Fla. 2003)
- Leronnie Lee Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013)