HUNTER v. STATE (2021)

Christopher Hunter appeals the partial denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. We affirm in all respects but remand for the correction of a scrivener's error in his written sentence on Count 4 in Case No. 2011-CF-003387-A to conform to the trial court's oral proclamation at resentencing. See Beard v. State, 27 So. 3d 186, 187 (Fla. 5th DCA 2010). Because this corrected sentence does not affect Hunter's term of incarceration, he need not be present for this ministerial act. See Johnson v. State, 899 So. 2d 1283, 1283 (Fla. 5th DCA 2005).

We separately note appointed postconviction counsel's Anders ¹ brief and motion to withdraw. An Anders brief is unnecessary in postconviction appeals, and neither we nor appellate counsel need to follow Anders’ procedures or requirements. See Smith v. State, 956 So. 2d 494, 495 (Fla. 1st DCA 2007); Medrano v. State, 795 So. 2d 1009, 1010 (Fla. 4th DCA 2001). Indeed, there is no right to counsel in postconviction proceedings. Medrano, 795 So. 2d at 1010 (citing Pennsylvania v. Finley, 481 U.S. 551, 554–56, 107 S.Ct. 1990, 95 L.Ed.2d 539 (1987)). Based on the meritorious issue raised in counsel's brief, we deny the motion to withdraw. We will, however, strike postconviction Anders briefs going forward.

AFFIRMED and REMANDED.

FOOTNOTES

1.   Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

PER CURIAM.

COHEN, TRAVER and NARDELLA, JJ., concur.