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William Douglas BURGIN Jr, Appellant, v. STATE of Florida, Appellee.
We agree with appointed counsel that the record contains no reversible error and affirm Mr. Burgin's judgment and sentence. Anders v. California, 386 U.S. 738 (1967). We write only to correct a scrivener's error on the written judgment and sentence. 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”). After revoking Mr. Burgin's probation, the trial court orally imposed $100 for the cost of prosecution and $150 for the cost of the public defender. However, the written judgment and sentence entered after his violation of probation does not include these costs. On remand, the trial court shall correct these errors. See Skinner v. State, 155 So. 3d 497, 497 (Fla. 5th DCA 2015) (remanding for correction of scrivener's error in the order on fines and costs in an Anders appeal); Rivera v. State, 117 So. 3d 449-50 (Fla. 2d DCA 2013) (remanding for correction of the written sentence to reflect the oral pronouncement).
Judgment Affirmed and cause Remanded for correction of scrivener's errors.
Per Curiam.
Ray, C.J., and Kelsey and Winokur, JJ., concur.
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Docket No: No. 1D18-4638
Decided: August 14, 2019
Court: District Court of Appeal of Florida, First District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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