SWANDER v. STATE (2020)

District Court of Appeal of Florida, First District.

Casey Lee SWANDER, Appellant, v. STATE of Florida, Appellee.

No. 1D19-1799

Decided: April 29, 2020

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

We affirm the judgment and sentence and remand for the court to strike the habitual felony offender designation as to the conviction for driving while license suspended or revoked—third or subsequent offense. See Daniels v. State, 31 So. 3d 190, 191 (Fla. 1st DCA 2009) (finding that striking an improper designation as a habitual felony offender to comply with an appellate court's mandate is a purely ministerial act, and thus the appellant's presence is not necessary at resentencing).

Affirmed and Remanded with instructions.

Per Curiam.

Wolf, Kelsey, and Winokur, JJ., concur.

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