MITCHELL v. STATE (2023)

District Court of Appeal of Florida, Fourth District.

Andrew MITCHELL, Appellant, v. STATE of Florida, Appellee.

No. 4D23-937

Decided: August 02, 2023

Andrew Mitchell, Miami, pro se. No appearance required for appellee.

We affirm the order granting appellant's rule 3.800(a) motion to correct an illegal sentence. Appellant's claim, that he was entitled to a new sentencing hearing which he could attend, lacks merit. The trial court had no discretion in the correction of his sentence, which was merely a ministerial act, and thus his presence was not required. See Lecroy v. State, 954 So. 2d 747, 747 (Fla. 4th DCA 2007). We remand with instructions to the trial court to enter amended sentencing documents reflecting its correction of appellant's sentence. See Pittman v. State, 310 So. 3d 970, 972 (Fla. 2d DCA 2020).

Affirmed; remanded with instructions.

Per Curiam.

Warner, Gross and Gerber, JJ., concur.

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