HADDOCK v. STATE (2018)

In this Anders ¹ appeal, we affirm Kristopher Haddock's convictions and sentences but remand for the trial court to correct the sentencing documents. See In re Anders Briefs, 581 So.2d 149, 152 (Fla. 1991); Mobley v. State, 968 So.2d 632, 632 (Fla. 2d DCA 2007). The trial court had granted Haddock's motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), but no corrections have been made. Therefore, we remand for the trial court to correct the costs by removing the cost imposed pursuant to section 938.10, Florida Statutes (2016), and to reduce the cost imposed pursuant to section 938.085 from $453 to $302. In addition, the trial court shall correct the judgment and sentence to change the description of count one from “Kidnap-False Imprisonment Adult” to “False Imprisonment Adult.” The trial court shall also correct the probation order to reflect these changes.

Our affirmance is without prejudice to Haddock's right to file a timely, facially sufficient motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850.

Affirmed and remanded.

FOOTNOTES

1.   Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

SILBERMAN, Judge.

CASANUEVA and MORRIS, JJ., Concur.