SMITH v. STATE (2023)

Upon review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no reversible error and affirm Appellant's judgment and sentence. However, we remand for correction of scrivener's errors. See Ashley v. State, 850 So. 2d 1265, 1268 n.3 (Fla. 2003) (defining a scrivener's error as a written clerical error that is not the result of a “judicial determination or error”). The trial court orally rendered an adjudication and sentence that did not include ten years of administrative probation in this case, but instead applied to a related case also before the court at that time. “[I]t is well settled that the trial court's oral pronouncement of sentence controls over the written sentencing order.” Hall v. State, 105 So. 3d 642, 644 (Fla. 1st DCA 2013).

On remand, the lower tribunal shall correct these scrivener's errors in the judgment and sentence and the order of probation, consistent with this opinion. Appellant need not be present for these ministerial corrections. See Walton v. State, 106 So. 3d 522, 529 (Fla. 1st DCA 2013) (“[A] defendant need not be present at resentencing if the error to be corrected is ‘purely ministerial’ or clerical, and involves no exercise of the court's discretion.”).

Per Curiam.

Osterhaus, C.J., and Lewis and Roberts, JJ., concur.