BENJAMIN A. CLIFFORD
v.
STATE OF FLORIDA
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KHOUZAM, Chief Judge. Benjamin A. Clifford appeals his conviction and sentence for felony battery.
We affirm in all respects except to remand for the correction of a minor sentencing error identified in defense counsel's brief filed pursuant to Anders v. California, 386 U.S. 738 (1967). See In re Anders Briefs, 581 So. 2d 149, 152 (Fla. - 2 - 1991) ("[A]ppellate courts are to follow the Anders procedure fully even when costs or other minor sentencing errors are raised in 'no merit' briefs.").
The record shows that the circuit court granted both of Clifford's motions to correct sentencing error, finding that the sentencing court had failed to give him notice of his right to a hearing to contest the $100 public defender fee when announcing its imposition at sentencing. See Newton v. State, 262 So. 3d 849, 849-50 (Fla. 2d DCA 2018). Although the circuit court repeatedly ordered that the fee be stricken, it appears that an amended order has not been entered.
Accordingly, we remand for the entry of an amended order on fees and costs.
Affirmed; remanded with directions. CASANUEVA and VILLANTI, JJ., Concur.
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Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)
- Newton v. State, 262 So. 3d 849 (Fla. 2d DCA 2018)