Opinion
Case No. 6D2023-0120
08-30-2024
Antonious WHITE, Appellant, v. STATE of Florida, Appellee.
Howard L. "Rex" Dimmig, II, Public Defender, and Daniel Muller, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Helene S. Parnes, Senior Assistant Attorney General, Tampa, for Appellee.
Appeal from the Circuit Court for Polk County. J. Kevin Abdoney, Judge. Lower Tribunal Nos. CF20-5591-XX and CF20-7975-XX
Howard L. "Rex" Dimmig, II, Public Defender, and Daniel Muller, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Helene S. Parnes, Senior Assistant Attorney General, Tampa, for Appellee. PER CURIAM.
In this Anders appeal, we affirm the trial court’s revocation and termination of Antonious White’s probation without further comment. We remand for the correction of two scrivener’s errors, both of which White raised in a motion to correct sentence on which the trial court did not rule. See Fla. R. Crim. P. 3.800(b)(2). First, although the trial court orally recognized that White had been previously adjudicated guilty, the sentencing paperwork reflects a redundant adjudication. See § 948.06(2)(e), Fla. Stat. (2021) ("If such probation … is revoked, the court shall adjudge the probationer or offender guilty of the offense charged and proven or admitted, unless he or she has previously been adjudged guilty .…") (emphasis added). Second, even though the trial court terminated White’s probation, the sentencing paperwork requires him to pay costs of supervision. See id. § 948.09(1)(a)1. (requiring payment of costs of supervision by, among others, probationers as condition of placement). White need not be present when the trial court makes these ministerial corrections.
Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). This case was transferred from the Second District Court of Appeal to this Court on January 1, 2023.
AFFIRMED and REMANDED.
TRAVER, C.J., and BROWNLEE, J., and LAMBERT, B.D., Associate Judge, concur.