TRAFORI MAURICE BAILEY
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A scrivener's error in the cost judgment must be corrected by remand even when the underlying conviction and sentence are affirmed on Anders review.
[1] A trial court's scrivener's error in citing the incorrect statutory provision for a cost imposed in a judgment of conviction may be corrected on remand as a ministerial t…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceBailey was convicted and sentenced in Palm Beach County. The cost judgment imposed a $15.00 cost for County Alcohol and Other Drug Abuse TF but cited …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Ministerial Action cases and more on FLexlaw
PER CURIAM.
In this Anders 1 appeal, we affirm Appellant’s judgment and sentence, but remand for the trial court to correct a scrivener’s error in the cost judgment to reflect that the $15.00 cost imposed for “County Alcohol and Other Drug Abuse TF” is imposed under section 938.13, Florida Statutes (2018). Maestas v. State, 76 So. 3d 991, 993 (Fla. 4th DCA 2011). Appellant need not be present for this ministerial action. Peavey v. State, 302 So. 3d 1079, 1080 (Fla. 4th DCA 2020) (affirming convictions and sentences in Anders appeal but remanding to correct scrivener’s error).
Affirmed and remanded.
WARNER, MAY and FORST, JJ., concur.
* * *
1 Anders v. California, 386 U.S. 738 (1967). Not final until disposition of timely filed motion for rehearing.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Maestas v. State, 76 So. 3d 991 (Fla. 4th DCA 2011)
- Peavey v. State, 302 So. 3d 1079 (Fla. 4th DCA 2020)