JENKINS v. STATE (2021)

District Court of Appeal of Florida, First District.

James Francies JENKINS Jr., Appellant, v. STATE of Florida, Appellee.

No. 1D20-2048

Decided: June 22, 2021

Jessica J. Yeary, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

Upon review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no reversible error and affirm Appellant's judgment and sentence. We remand, however, for correction of two scrivener's errors contained in the written judgment. First, the judgment specifies that Appellant pled nolo contendere to, and was adjudicated guilty of, possession of a firearm by a convicted felon (Count 2). However, this count was dismissed pursuant to the written plea agreement and the trial court's oral pronouncement. Second, the judgment includes court costs and fines in the amount of $1,140, contrary to the $1,040 assessment specified in the plea agreement and orally pronounced by the trial court. In both instances, the oral pronouncements control over the written judgment. See Williams v. State, 303 So. 3d 1290 (Fla. 1st DCA 2020). Appellant need not be present when the trial court corrects these errors.

Affirmed and Remanded for correction of scrivener's errors.

Per Curiam.

Ray, C.J., and Makar and M.K. Thomas, JJ., concur.

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