ISAACSON v. STATE (2020)

District Court of Appeal of Florida, First District.

Hunter ISAACSON, Appellant, v. STATE of Florida, Appellee.

No. 1D19-2762

Decided: May 26, 2020

Andy Thomas, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant, and Hunter Isaacson, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

We affirm Appellant's judgment and sentence, and remand only for entry of a corrected revocation order. The corrected order should reflect the court's oral pronouncement that Appellant was guilty of only one count of robbery with a firearm. See Leggs v. State, 27 So. 3d 155 (Fla. 1st DCA 2010) (remanding for entry of written order of revocation of probation specifying conditions violated). Appellant need not be present for this ministerial correction. 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 for entry of corrected order.

Per Curiam.

Ray, C.J., and B.L. Thomas and Kelsey, JJ., concur.

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