WILKINS v. STATE (2020)

District Court of Appeal of Florida, Second District.

Michael WILKINS, Appellant, v. STATE of Florida, Appellee.

Case No. 2D19-3051

Decided: November 20, 2020

Howard L. Dimmig, II, Public Defender, and Dane K. Chase, Special Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Lindsay D. Turner, Assistant Attorney General, Tampa, for Appellee.

Michael Wilkins appeals his judgment and sentences for two counts of sexual battery on a child and one lesser included count of lewd and lascivious battery on a child under sixteen. We find no merit to his argument regarding the denial of his motion for mistrial and thus we do not address it further. However, he contends that his written judgment for the count of lewd and lascivious battery on a child under sixteen incorrectly references section 800.04(4)(a)1, Florida Statutes (2016-2017), rather than section 800.04(4)(a)2 which is the section on which the jury was instructed and under which he was convicted. The State properly concedes error on this point. Thus we must remand the written judgment on that count and remand for correction of the scrivener's error. Wilkins need not be present for that ministerial act. See Hetherington v. State, 294 So. 3d 447, 447-48 (Fla. 2d DCA 2020); Hope v. State, 239 So. 3d 737, 737 (Fla. 5th DCA 2017).

Affirmed; remanded with directions.

PER CURIAM.

SILBERMAN, MORRIS, and LUCAS, JJ., Concur.

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