Michael Bennett, Appellant, v. State of Florida, Appellee. (2025)

District Court of Appeal of Florida, Fifth District.

Michael Bennett, Appellant, v. State of Florida, Appellee.

Case No. 5D2024-1502

Decided: August 22, 2025

Matthew J. Metz, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant. Michael Bennett, Milton, pro se. James Uthmeier, Attorney General, Tallahassee, Rebecca Rock McGuigan and Marissa V. Giles, Assistant Attorneys General, Daytona Beach, for Appellee.

In this Anders * appeal, we affirm but remand for the correction of a scrivener's error. The trial court sentenced Appellant to concurrent prison terms of eighty-four months—that is, seven years. However, the written sentence mistakenly reflects that the prison terms are for eight years. Because the court's oral pronouncement controls over the written sentence, we remand for the court to make the appropriate correction. See Crenshaw v. State, 338 So. 3d 425 (Fla. 5th DCA 2022). Appellant need not be present for this ministerial act. Id.

Affirmed; Remanded with instructions.

FOOTNOTES

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

Per Curiam.

Jay, C.J., and Edwards and Kilbane, JJ., concur.

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