Opinion
5D2023-3020
07-12-2024
Minor Catledge, Appellant, v. State of Florida, Appellee.
Matthew J. Metz, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from the Circuit Court for Clay County LT Case No. 2022-CF-001596 . Steven B. Whittington, Judge.
Matthew J. Metz, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
In this Anders appeal, Appellant, Minor Catledge, seeks review of the judgment and sentences imposed by the trial court pursuant to a negotiated plea of no contest. We affirm Catledge's judgment and sentences without further comment. See § 775.082, Fla. Stat. (2022); O'Malley v. State, 378 So.3d 672, 673-74 (Fla. 5th DCA 2024) (holding that the State is not required to request $100 in costs of prosecution before the sentencing court assess such costs and certifying conflict with D.L.J. v. State, 331 So.3d 227 (Fla. 2d DCA 2021)); Parks v. State, 371 So.3d 392, 392-93 (Fla. 1st DCA 2023) (holding that a cost imposed under section 938.27(8), Florida Statutes (2020), is mandatory and recognizing conflict with D.L.J., 331 So.3d 227), review granted, No. SC2023-1355, 2024 WL 370043 (Fla. Jan. 31, 2024).
See Anders v. California, 386 U.S. 738 (1967).
Nevertheless, we must remand for correction of a scrivener's error. The judgment and order of probation erroneously indicate that the charge in count one was for burglary of an occupied dwelling while unarmed, a second-degree felony. See § 810.02(3)(a), Fla. Stat. (2022). However, pursuant to the negotiated plea, Catledge pled guilty to burglary of a structure, a third-degree felony, in count one. See § 810.02(4)(a). On remand, the trial court shall enter a third amended judgment and sentence and a third amended order of probation reflecting the correct charge in count one.
We recognize that the trial court entered an order directing the clerk of the court to enter a second amended judgment and sentence and a second amended order of probation with the intent of correcting this scrivener's error. However, the charge in count one remains misidentified in both documents.
AFFIRMED; REMANDED with instructions.
MAKAR, KILBANE, and PRATT, JJ, concur