BANKS v. STATE (2020)

District Court of Appeal of Florida, Second District.

Mitterio BANKS, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-549

Decided: June 24, 2020

Ita M. Neymotin, Regional Counsel, Second District, and Margaret H. White-Small, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Allison C. Heim, Assistant Attorney General, Tampa, for Appellee.

Following his resentencing pursuant to Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), Mitterio Banks appeals his sentence of life imprisonment with review after twenty-five years. We affirm the new sentence without comment. However, there is a scrivener's error in the new written sentencing document, which incorrectly reflects a sentence of twenty-five years' imprisonment with a mandatory minimum of life, rather than the orally pronounced sentence of life imprisonment with a twenty-five-year mandatory minimum. See Devlin v. State, 224 So. 3d 803, 804 (Fla. 2d DCA 2017) (remanding for correction of scrivener's error to align the written sentence with the controlling oral pronouncement). Accordingly, we remand for the circuit court to correct the written sentence to comport with the oral pronouncement of life imprisonment with a twenty-five-year mandatory minimum.

Affirmed and remanded.

PER CURIAM.

NORTHCUTT, LaROSE, and SMITH, JJ., Concur.

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