WARREN v. STATE (2025)

In this Anders ¹ appeal, we affirm Appellant's judgment and sentence. We remand only for correction of scrivener's errors in the written sentence.

Below, Appellant moved to correct sentencing errors pursuant to Florida Rule of Criminal Procedure 3.800(b), arguing his written Judgment and Sentence and Final Judgment Assessing Charges, Costs, and Fines each included a $250 fine and $12.50 surcharge on count 1 that was not orally pronounced at sentencing. The trial court entered an order striking the fine and surcharge and rendered a Second Amended Final Judgment Assessing Charges, Costs, and Fines in which the fine and surcharge were stricken. However, the trial court failed to also amend Appellant's Judgment and Sentence to remove the fine and surcharge.

We cannot conclude that this error is harmless beyond a reasonable doubt. Thus, we remand for entry of amended sentencing documents striking the discretionary $250 fine and surcharge in accordance with the lower court's ruling on Appellant's motion and consistent with the Second Amended Final Judgment Assessing Charges, Costs, and Fines. See Johnson v. State, 354 So. 3d 598, 600 (Fla. 2d DCA 2022).

Affirmed; Remanded with instructions.

FOOTNOTES

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

Per Curiam.

Eisnaugle and Kilbane, JJ., concur. Edwards, J., concurs in result only.