JAIRO LAINEZ PADILLA
v.
STATE OF FLORIDA
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An appellate court must remand for correction of a scrivener's error in a written sentence when a fee was orally imposed and included in the monetary total but the corresponding box on the written sentence remained unchecked.
[1] A written sentence that omits checking the box for a fee that was orally imposed and included in the monetary total constitutes a scrivener's error requiring remand for c…
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Join FLexlaw to unlock all legal intelligence“the written sentence contains a scrivener's error. We remand for the trial court to correct the written sentence to reflect that it imposed a public defender application fee. The box for that fee remains unchecked despite the fee being orally imposed and the money included in the total amount in the judgment and sentence.”
Court's explanation for remand
Jairo Lainez Padilla appealed his conviction and sentence. The trial court orally imposed a public defender application fee and included it in the tot…
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___________________________ On appeal from the Circuit Court for Leon County. James C. Hankinson, Judge.
August 30, 2018 PER CURIAM.
In this Anders* appeal, we affirm the judgment and sentence. However, the written sentence contains a scrivener’s error. We remand for the trial court to correct the written sentence to reflect that it imposed a public defender application fee. The box for that fee remains unchecked despite the fee being orally imposed and the money included in the total amount in the judgment and sentence. See Washington v. State, 37 So. 3d 376 (Fla. 1st DCA 2010) (affirming Anders appeal but remanding for correction of scrivener’s error).
AFFIRMED and REMANDED with instructions.
* Anders v. California, 386 U.S. 738 (1967).
2
WOLF, BILBREY, 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)
- Washington v. State, 37 So. 3d 376 (Fla. 1st DCA 2010)
- Jalen Shropshire v. State, 37 So. 3d 376 (Fla. 1st DCA 2010)