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Bergenty v. State

Florida Court of Appeals, Fifth District
Nov 14, 2022
No. 5D22-938 (Fla. Dist. Ct. App. Nov. 14, 2022)

Opinion

5D22-938

11-14-2022

JOSHUA RICHARD BERGENTY, Appellant, v. STATE OF FLORIDA, Appellee.

Matthew J. Metz, Public Defender, and Joseph Chloupek, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.


NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Appeal from the Circuit Court for Citrus County, LT Case No. 2017-CF-000055-A Richard A. Howard, Judge.

Matthew J. Metz, Public Defender, and Joseph Chloupek, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders appeal, we affirm the judgment and sentence imposed by the trial court following revocation of Appellant's probation. However, we remand for correction of a scrivener's error in the order revoking probation to reflect that Appellant was found to have violated Special Condition 28, not Special Condition 15, and for entry of an amended cost/fees order that shows the assessment of $50.00 (not $100.00) for the Public Defender Application Fee. See Harrison v. State, 313 So.3d 926 (Fla. 5th DCA 2021).

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

AFFIRMED; REMANDED for correction of scrivener's error.

EVANDER, EDWARDS, and HARRIS, JJ., concur.


Summaries of

Bergenty v. State

Florida Court of Appeals, Fifth District
Nov 14, 2022
No. 5D22-938 (Fla. Dist. Ct. App. Nov. 14, 2022)
Case details for

Bergenty v. State

Case Details

Full title:JOSHUA RICHARD BERGENTY, Appellant, v. STATE OF FLORIDA, Appellee.

Court:Florida Court of Appeals, Fifth District

Date published: Nov 14, 2022

Citations

No. 5D22-938 (Fla. Dist. Ct. App. Nov. 14, 2022)