TEVIS L. MITCHELL
v.
STATE OF FLORIDA
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An Anders appeal is affirmed where no meritorious issues are found, but the case is remanded to correct a scrivener's error in the written judgment that conflicts with the oral pronouncement of sentence.
[1] A scrivener's error in a judgment that conflicts with the oral pronouncement of sentence may be corrected on remand, and resentencing is unnecessary when the correction d…
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Join FLexlaw to unlock all legal intelligence“the judgment for Case No. 19-CF-1806-A contains a scrivener's error imposing a fifteen-year sentence for count ten. This conflicts with the oral pronouncement that the sentence for count ten, a third-degree felony, was five years.”
Court's identification of the error requiring remand
Tevis L. Mitchell was convicted in four separate criminal cases in Hernando County Circuit Court. The judgment in Case No. 19-CF-1806-A contained a di…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
TEVIS L. MITCHELL, Appellant, v. Case No. 5D21-1393 LT Case Nos. 19-CF-1806-A 19-CF-1769-A 19-CF-1763-A 19-CF-1765-A STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 10, 2021 Appeal from the Circuit Court for Hernando County, Stephen E. Toner, Jr., Judge. Matthew J. Metz, Public Defender, and Danielle Rufani, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
2 We affirm this Anders1 appeal in all respects. However, we note that the judgment for Case No. 19-CF-1806-A contains a scrivener’s error imposing a fifteen-year sentence for count ten. This conflicts with the oral pronouncement that the sentence for count ten, a third-degree felony, was five years. Accordingly, we remand this case for correction of the scrivener’s error on the judgment and sentence. See, e.g., Batizi v. State, 268 So. 3d 235, 235 (Fla. 5th DCA 2019) (affirming Anders appeal but remanding for correction of scrivener’s errors). Because this corrected sentence has no impact on Appellant’s incarceration term, he need not be present at resentencing. See Johnson v. State, 899 So. 2d 1283, 1283 (Fla. 5th DCA 2005). AFFIRMED and REMANDED.
EVANDER, WALLIS and TRAVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Johnson v. State, 899 So. 2d 1283 (Fla. 5th DCA 2005)