Summary
remanding for correction of a scrivener's error in an Anders appeal so that the written sentence reflected the oral pronouncement of time served
Summary of this case from Banks v. StateOpinion
No. 1D16–2920.
11-28-2016
Chrissy Nichole HUGHES, Appellant, v. STATE of Florida, Appellee.
Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
PER CURIAM.
In this Anders appeal, we affirm the judgment and sentence. However, the written sentence contains two scrivener's errors. The trial court orally pronounced a time-served sentence in case 2010–CF–0032 and on count II in case 2015–CF–0704. Neither of these offenses is a misdemeanor. The written judgment reflects that 7–year sentences were imposed as to all counts except that time-served sentences were imposed as to the misdemeanors. Thus, this judgment erroneously reflects that 7–year sentences were imposed as to the two offenses described above. We therefore remand for the trial court to correct the written sentence to reflect the trial court's oral pronouncement of a time-served sentence on count II of case 2015–CF–0704, and a time-served sentence in case 2010–CF–0032. 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.
WOLF, RAY, and MAKAR, JJ., concur.
Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).