TYRONE WARREN
v.
STATE OF FLORIDA

Fla. 5th DCA | 2025-12-05
No. 2024-1505
Rada, J., Eisnaugle, J., Kilbane, J., Edwards, J.
2025 FL 11584 Florida District Court of Appeal, Fifth District (2025)

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Holding

A trial court's failure to amend all sentencing documents to reflect its own ruling striking an unpronounced fine and surcharge constitutes non-harmless error requiring remand for correction.

Headnotes

[1] A trial court's failure to amend all sentencing documents to reflect its own ruling striking an unpronounced fine and surcharge is non-harmless error requiring remand for…

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Facts & Procedural History

Appellant Warren moved to correct sentencing errors under Florida Rule of Criminal Procedure 3.800(b), arguing that his Judgment and Sentence and Fina…

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Topics
Appeal From Judgment And Sentence Correction Of Sentencing Error Anders Appeal Harmless Error Analysis

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Per_curiam
Per Curiam

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________ Case No. 5D2024-1505 LT Case No. 2021-CF-1111 _____________________________ TYRONE WARREN, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Lake County. Cary F. Rada, Judge. Matthew J. Metz, Public Defender, and Judson Searcy, Assistant Public Defender, Daytona Beach, for Appellant. James Uthmeier, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee. December 5, 2025

PER CURIAM.

In this Anders1 appeal, we affirm Appellant’s judgment and sentence. We remand only for correction of scrivener’s errors in the written sentence. 1 Anders v. California, 386 U.S. 738 (1967).

Footnotes
2 Below, Appellant moved to correct sentencing errors pursuant to Florida Rule of Criminal Procedure 3.800(b), arguing his written Judgment and Sentence and Final Judgment Assessing Charges, Costs, and Fines each included a $250 fine and $12.50 surcharge on count 1 that was not orally pronounced at sentencing. The trial court entered an order striking the fine and surcharge and rendered a Second Amended Final Judgment Assessing Charges, Costs, and Fines in which the fine and surcharge were stricken. However, the trial court failed to also amend Appellant’s Judgment and Sentence to remove the fine and surcharge. We cannot conclude that this error is harmless beyond a reasonable doubt. Thus, we remand for entry of amended sentencing documents striking the discretionary $250 fine and surcharge in accordance with the lower court’s ruling on Appellant’s motion and consistent with the Second Amended Final Judgment Assessing Charges, Costs, and Fines. See Johnson v. State, 354 So. 3d 598, 600 (Fla. 2d DCA 2022). AFFIRMED; REMANDED with instructions. EISNAUGLE and KILBANE, JJ., concur. EDWARDS, J., concurs in result only.
3 _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

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