Summary
holding that entering a written sentence where none exists is ministerial
Summary of this case from Murphy v. StateOpinion
Case No. 95-4158
Opinion filed August 6, 1997
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Charles E. Smith, Judge; L.T. Case No. 95-711 CF.
Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, West Palm Beach, for appellee.
We affirm the sentence imposing adult sanctions for armed robbery and carrying a concealed weapon but remand to the trial court for the ministerial function of entering a written order at which defendant need not be present. Nation v. State, 668 So.2d 284 (Fla. 1st DCA 1996); Mulligan v. State, 688 So.2d 984 (Fla. 2nd DCA 1997); Crabb v. State, 676 So.2d 505 (Fla. 1st DCA 1996); McBride v. State, 22 Fla. L. Weekly D1188 (Fla. 5th DCA 1997). We do strike the $2 Criminal Justice Education Fee, however, for lack of prior notice. Tarrant v. State, 668 So.2d 223 (Fla. 4th DCA 1996).
WARNER and FARMER, JJ., and DONNER, AMY STEELE, Associate Judge, concur.