Swander v. State

Full title: CASEY LEE SWANDER, Appellant, v. STATE OF FLORIDA, Appellee.

Court: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Apr 29, 2020

294 So. 3d 1012 (Fla. Dist. Ct. App. 2020)

Opinion

No. 1D19-1799

04-29-2020

Casey Lee SWANDER, Appellant, v. STATE of Florida, Appellee.

Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

Per Curiam.

We affirm the judgment and sentence and remand for the court to strike the habitual felony offender designation as to the conviction for driving while license suspended or revoked—third or subsequent offense. See Daniels v. State , 31 So. 3d 190, 191 (Fla. 1st DCA 2009) (finding that striking an improper designation as a habitual felony offender to comply with an appellate court's mandate is a purely ministerial act, and thus the appellant's presence is not necessary at resentencing).

AFFIRMED and REMANDED with instructions.

Wolf, Kelsey, and Winokur, JJ., concur.