Opinion
No. 2D22-420.
03-03-2023
Aaron Mitchell RICHARDSON, Appellant, v. STATE of Florida, Appellee.
Howard L. Dimmig, II , Public Defender, and Caroline Joan S. Picart , Assistant Public Defender, Bartow, for Appellant. Ashley Moody , Attorney General, Tallahassee, and Lydon W. Schultz , Assistant Attorney General, Tampa, for Appellee.
Howard L. Dimmig, II , Public Defender, and Caroline Joan S. Picart , Assistant Public Defender, Bartow, for Appellant.
Ashley Moody , Attorney General, Tallahassee, and Lydon W. Schultz , Assistant Attorney General, Tampa, for Appellee.
LABRIT, Judge.
Aaron Mitchell Richardson appeals his conviction and sentence for driving while license suspended. We affirm the conviction and sentence without comment, but we remand with instructions to conform the sentence to the trial court's order on Mr. Richardson's motion to correct sentencing errors.
The trial court entered the original judgment and sentence on January 27, 2022. After filing this appeal but before filing his initial brief, Mr. Richardson filed a motion in the trial court under Florida Rule of Criminal Procedure 3.800(b)(2) to correct scrivener's errors in the sentence. Within sixty days, the trial court filed an order granting Mr. Richardson's motion. It found that the original sentence did not itemize all costs imposed or cite the statutory bases for them as the law requires. See Singletary v. State, 198 So.3d 973, 974 (Fla. 2d DCA 2016) ("The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order." (quoting Vick v. State, 37 So.3d 951, 952 (Fla. 2d DCA 2010))). The trial court's order directed the clerk to enter an amended judgment and sentence, and it identified the specific costs and statutory references that the amended judgment and sentence must include. The clerk entered an amended judgment and sentence but it does not fully comply with the trial court's order.
We therefore remand with instructions to conform the amended judgment and sentence to the trial court's order entered September 2, 2022. See Johnson v. State, 354 So.3d 598, 599-600 (Fla. 2d DCA Dec. 30, 2022) (remanding for entry of an amended judgment and sentence to correct scrivener's errors as the trial court had ordered in granting defendant's rule 3.800(b)(2) motion).
Affirmed; remanded with instructions.
NORTHCUTT and CASANUEVA, JJ., Concur.