ACEVEDO v. STATE (2019)

In this Anders ¹ appeal, we affirm Appellant's convictions and sentences, with one exception. We had ordered Appellant's counsel to file either a supplemental brief or a Florida Rule of Criminal Procedure 3.800(b)(2) motion to address the propriety of the written judgment and sentence imposing certain discretionary court costs and a discretionary fine without those having been orally announced by the trial court at sentencing. Prior to appellate counsel responding to this order, the trial court, sua sponte, entered an order striking those court costs and the fine.

While we appreciate the trial court's diligence, it nevertheless lacked jurisdiction to enter its order correcting sentencing documents while Appellant's direct appeal was pending. See Whitfield v. State, 178 So. 3d 972, 972 (Fla. 5th DCA 2015).

Accordingly, we affirm Appellant's convictions and sentences, with the exception that we vacate the trial court's sua sponte order striking certain discretionary costs and the fine, as well as any amended judgment and sentence subsequently entered consistently with this order. The trial court is not precluded from reentering this order and a corrected amended judgment and sentence following the issuance of our mandate.

AFFIRMED; ORDER VACATED.

FOOTNOTES

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

PER CURIAM.

WALLIS, LAMBERT, and HARRIS, JJ., concur.