Robert Allan Dziekan, Jr., Appellant, v. State of Florida, Appellee. (2025)

In this Anders ¹ case, Robert Allan Dziekan, Jr., appeals from his judgment and sentence after his probation was revoked. We affirm in all respects with the exception of remanding for correction of a scrivener's error in the fine amount, which Dziekan brought to the trial court's attention via motion to correct sentencing error. See Fla. R. Crim. P. 3.800(b)(2); Rowan v. State, 396 So. 3d 634, 635 (Fla. 6th DCA 2024). The State concedes that the written order incorrectly reflects a fine amount of $25,000, when the amount orally imposed by the lower court at the hearing was $20,000. We remand on this point for the lower court to correct this error. See Rowan, 396 So. 3d at 635. Dziekan need not be present for this ministerial act. See Bryant v. State, 301 So. 3d 352, 353 (Fla. 2d DCA 2020) (holding defendant need not be present for correction of a scrivener's error).

AFFIRMED and REMANDED with instructions.

FOOTNOTES

1.   Anders v. California, 386 U.S. 738 (1967).

SMITH, J.

TRAVER, C.J., and WOZNIAK, J., concur.