From Casetext: Smarter Legal Research

Clifford v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Mar 18, 2020
300 So. 3d 761 (Fla. Dist. Ct. App. 2020)

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. State

Opinion

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.


Summaries of

Clifford v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Mar 18, 2020
300 So. 3d 761 (Fla. Dist. Ct. App. 2020)

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. State
Case details for

Clifford v. State

Case Details

Full title:BENJAMIN A. CLIFFORD, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Mar 18, 2020

Citations

300 So. 3d 761 (Fla. Dist. Ct. App. 2020)

Citing Cases

Swist v. State

. See Clifford v. State, 300 So.3d 761, 761 (Fla. 2d DCA 2020) ("Although the circuit court . . .…

Jean-Foster v. State

We remand for the entry of corrected judgments in accordance with the trial court’s December 21, 2022, order.…