Mitchell v. State

Full title: TEVIS L. MITCHELL, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fifth District

Date published: Dec 10, 2021

No. 5D21-1393 (Fla. Dist. Ct. App. Dec. 10, 2021)

Opinion

5D21-1393

12-10-2021

TEVIS L. MITCHELL, Appellant, v. STATE OF FLORIDA, Appellee.

Matthew J. Metz, Public Defender, and Danielle Rufani, 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.

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

Appeal from the Circuit Court for Hernando County LT Case Nos. 19-CF-1806-A, 19-CF-1769-A, 19-CF-1763-A, 19-CF-1765-A, Stephen E. Toner, Jr., Judge.

Matthew J. Metz, Public Defender, and Danielle Rufani, 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.

We affirm this Anders ¹ appeal in all respects. However, we note that the judgment for Case No. 19-CF-1806-A contains a scrivener's error imposing a fifteen-year sentence for count ten. This conflicts with the oral pronouncement that the sentence for count ten, a third-degree felony, was five years. Accordingly, we remand this case for correction of the scrivener's error on the judgment and sentence. See, e.g., Batizi v. State, 268 So.3d 235, 235 (Fla. 5th DCA 2019) (affirming Anders appeal but remanding for correction of scrivener's errors). Because this corrected sentence has no impact on Appellant's incarceration term, he need not be present at resentencing. See Johnson v. State, 899 So.2d 1283, 1283 (Fla. 5th DCA 2005).

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

AFFIRMED and REMANDED.

EVANDER, WALLIS and TRAVER, JJ., concur.