GILBERT v. STATE (2023)

District Court of Appeal of Florida, First District.

Keith Ternell GILBERT, Appellant, v. STATE of Florida, Appellee.

No. 1D22-1583

Decided: September 27, 2023

Jessica J. Yeary, Public Defender, and Lori A. Willner, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Kristie Regan, Assistant Attorney General, Tallahassee, for Appellee.

Affirmed. See Adams v. State, 118 So. 3d 930, 931–32 (Fla. 1st DCA 2013) (explaining if a defendant agrees in plea agreement to pay certain costs, fines, and fees, that creates binding obligation to pay them—even if for higher than statutory minimums).

We, however, REMAND for correction of one scrivener's error. See Bielec v. State, 297 So. 3d 699, 699 (Fla. 1st DCA 2020) (“We also find a scrivener's error that incorrectly identified the $100 Local Government Trust Fund fee as a ‘misdemeanor-imposed’ fee. We remand for the trial court to correct the scrivener's error.”). Appellant need not be present for this correction.

Per Curiam.

Osterhaus, C.J., and Kelsey and M.K. Thomas, JJ., concur.

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