BANKS v. STATE (2020)

District Court of Appeal of Florida, First District.

Michael Craig BANKS, Appellant, v. STATE of Florida, Appellee.

No. 1D18-4813

Decided: January 22, 2020

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

In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm Banks's judgment and sentence but remand for the trial court to correct a scrivener's error in the written sentence. In case 17-CF-2420, the court at first pronounced a sentence of 11 months and 29 days in county jail for count II and 60 days in county jail for count III. But after a brief recess during the sentencing hearing, the court granted a request from defense counsel to impose a time-served sentence for both of those misdemeanor counts. Yet the written sentence still reflects the initial sentence imposing county jail time. Thus, the written sentence should be corrected to reflect the trial court's oral pronouncement of a time-served sentence on counts II and III in case 17-CF-2420. See Hughes v. State, 204 So. 3d 579, 580 (Fla. 1st DCA 2016) (remanding for correction of a scrivener's error in an Anders appeal so that the written sentence reflected the oral pronouncement of time served).

Affirmed and Remanded.

Per Curiam.

Ray, C.J., and Kelsey and Winokur, JJ., concur.

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