Opinion
1D20-2048
06-22-2021
James Francies Jenkins Jr., Appellant, v. State of Florida, Appellee.
Jessica J. Yeary, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from the Circuit Court for Okaloosa County. Michael A. Flowers, Judge.
Jessica J. Yeary, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
PER CURIAM.
Upon review pursuant to Anders v. California, 386 U.S. 738 (1967), we find no reversible error and affirm Appellant's judgment and sentence. We remand, however, for correction of two scrivener's errors contained in the written judgment. First, the judgment specifies that Appellant pled nolo contendere to, and was adjudicated guilty of, possession of a firearm by a convicted felon (Count 2). However, this count was dismissed pursuant to the written plea agreement and the trial court's oral pronouncement. Second, the judgment includes court costs and fines in the amount of $1, 140, contrary to the $1, 040 assessment specified in the plea agreement and orally pronounced by the trial court. In both instances, the oral pronouncements control over the written judgment. See Williams v. State, 303 So.3d 1290 (Fla. 1st DCA 2020). Appellant need not be present when the trial court corrects these errors.
Affirmed and Remanded for correction of scrivener's errors.
Ray, C.J., and Makar and M.K. Thomas, JJ., concur.