Bailey v. State

Full title: TRAFORI MAURICE BAILEY, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fourth District

Date published: Nov 9, 2022

No. 4D21-2198 (Fla. Dist. Ct. App. Nov. 9, 2022)

Opinion

4D21-2198

11-09-2022

TRAFORI MAURICE BAILEY, Appellant, v. STATE OF FLORIDA, Appellee.

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant. Ashley Moody, Tallahassee, and Sorraya M. Solages-Jones, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM

Not final until disposition of timely filed motion for rehearing.

Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; Sherri L. Collins, Judge; L.T. Case No. 502018CT022795AMB.

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Tallahassee, and Sorraya M. Solages-Jones, Assistant Attorney General, West Palm Beach, for appellee.

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).

1 Anders v. California, 386 U.S. 738 (1967).

Affirmed and remanded.

WARNER, MAY and FORST, JJ., concur.