TERELL DEVON ROSS
v.
STATE OF FLORIDA
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In this Anders appeal, the Fifth District Court of Appeal affirmed Terell Devon Ross's convictions and sentences following his guilty plea to drug trafficking charges, but remanded for correction of two ministerial errors: miscategorization of a heroin trafficking conviction as a life felony rather than a first-degree felony, and improper assessment of fines that had been waived in the plea agreement.
The court affirmed Ross's convictions and sentences but remanded for correction of two ministerial errors: (1) changing the classification of the count nine heroin trafficking conviction from life felony to first-degree felony under Florida Statutes § 893.135(1)(c)1.c., and (2) removing the improperly assessed fines and surcharges from the cost judgment since the State had waived mandatory fines in the plea agreement and no fines were orally announced at sentencing.
[1] A judgment may be affirmed despite ministerial errors in sentencing documents, with directions for the trial court to correct those errors on remand.
[2] A conviction for trafficking in heroin, twenty-eight grams or more, is a first-degree felony, not a life felony, under Florida Statutes.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Section 893.135(1)(c)1.c., Florida Statutes (2023), provides that this is a first-degree felony.”
Establishes the correct statutory classification for heroin trafficking charges, demonstrating that the trial court's categorization as a life felony was erroneous.
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Join FLexlaw to unlock all legal intelligenceAppellant Ross entered into a negotiated guilty plea to all charged offenses, including trafficking in heroin of twenty-eight grams or more. The trial…
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PER CURIAM.
In this Anders¹ appeal, we affirm the judgment and sentences imposed upon Appellant by the trial court following Appellant's negotiated plea of guilty to all charged offenses, noting that Appellant did not move to withdraw his plea. See State v. Dortch, 317 So. 3d 1074, 1075 (Fla. 2021).
¹ Anders v. California, 386 U.S. 738 (1967).
However, our review of the record reveals two ministerial errors that we direct the trial court to correct on remand. First, the judgment shows Appellant's conviction on count nine for trafficking in heroin, twenty-eight grams or more, as a life felony. Section 893.135(1)(c)1.c., Florida Statutes (2023), provides that this is a first-degree felony.
Second, the judgment for charges, costs, and fees shows the assessment of a fine, plus a 5% surcharge on the fine. As part of the plea bargain, the State had waived the assessment of any mandatory fines against Appellant in this case, which it was permitted to do. See § 893.135(4), Fla. Stat. No fines were orally announced by the court during sentencing, nor was the assessment of any fine part of the plea agreement. The trial court is directed to enter an amended cost judgment that does not include an assessment of fines or surcharges.
Accordingly, we affirm Appellant's convictions and sentences, but remand for the trial court to enter amended sentencing documents consistent with this opinion. Appellant need not be present for these ministerial corrections.
AFFIRMED; REMANDED with directions.
EDWARDS, C.J., and LAMBERT, J., concur. KILBANE, J., concurs in part and dissents in part, with opinion.
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Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Javaughn Skinkle v. State (Fla. 5th DCA 2022)