Summary
remanding for entry of an amended order because the trial court granted a motion to correct sentence but failed to enter an amended order
Summary of this case from Jean-Foster v. StateOpinion
Case No. 2D17-5052
03-18-2020
Benjamin A. CLIFFORD, Appellant, v. STATE of Florida, Appellee.
Howard L. Dimmig, II, Public Defender, and Matthew D. Bernstein, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
Howard L. Dimmig, II, Public Defender, and Matthew D. Bernstein, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
KHOUZAM, Chief Judge.
Benjamin A. Clifford appeals his conviction and sentence for felony battery. We affirm in all respects except to remand for the correction of a minor sentencing error identified in defense counsel's brief filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). See In re Anders Briefs, 581 So. 2d 149, 152 (Fla. 1991) ("[A]ppellate courts are to follow the Anders procedure fully even when costs or other minor sentencing errors are raised in 'no merit' briefs."). The record shows that the circuit court granted both of Clifford's motions to correct sentencing error, finding that the sentencing court had failed to give him notice of his right to a hearing to contest the $100 public defender fee when announcing its imposition at sentencing. See Newton v. State, 262 So. 3d 849, 849-50 (Fla. 2d DCA 2018). Although the circuit court repeatedly ordered that the fee be stricken, it appears that an amended order has not been entered. Accordingly, we remand for the entry of an amended order on fees and costs.
Affirmed; remanded with directions.
CASANUEVA and VILLANTI, JJ., Concur.