MITCHELL v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Tevis L. MITCHELL, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-1393

Decided: December 10, 2021

Matthew J. Metz, Public Defender, and Danielle Rufani, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

We affirm this Anders ¹ appeal in all respects. However, we note that the judgment for Case No. 19-CF-1806-A contains a scrivener's error imposing a fifteen-year sentence for count ten. This conflicts with the oral pronouncement that the sentence for count ten, a third-degree felony, was five years. Accordingly, we remand this case for correction of the scrivener's error on the judgment and sentence. See, e.g., Batizi v. State, 268 So. 3d 235, 235 (Fla. 5th DCA 2019) (affirming Anders appeal but remanding for correction of scrivener's errors). Because this corrected sentence has no impact on Appellant's incarceration term, he need not be present at resentencing. See Johnson v. State, 899 So. 2d 1283, 1283 (Fla. 5th DCA 2005).

AFFIRMED and REMANDED.

FOOTNOTES

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

PER CURIAM.

EVANDER, WALLIS and TRAVER, JJ., concur.

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