BARGE v. STATE (2019)

District Court of Appeal of Florida, First District.

Justin Tavarse BARGE, Appellant, v. STATE of Florida, Appellee.

No. 1D18-3713

Decided: July 22, 2019

Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

This appeal was filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Having reviewed the record, we affirm the Appellant's convictions and sentences, but we remand with directions to correct a scrivener's error in the judgment and sentence. See Ducker v. State, 197 So. 3d 1095, 1095-96 (Fla. 1st DCA 2016) (affirming judgment and sentence but remanding for correction of unpreserved scrivener's errors).

The judgment and sentence inadvertently omits the conviction and sentence for count three. The Appellant need not be present for these ministerial corrections to the judgment. 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.”).

Affirmed and Remanded with instructions.

Per Curiam.

B.L. Thomas, Rowe, and Osterhaus, JJ., concur.

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