CRENSHAW v. STATE (2022)

District Court of Appeal of Florida, Fifth District.

Joseph Anthony CRENSHAW, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-1637

Decided: April 29, 2022

Matthew J. Metz, Public Defender, and Darnelle Paige Lawshe, Assistant Public Defender, Daytona Beach, for Appellant. Joseph Anthony Crenshaw, Bonifay, pro se. Ashley Moody, Attorney General, Tallahassee, and Daniel P. Caldwell, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm this Anders ¹ appeal in all respects. We note, however, the judgment on count two, possession of a firearm by a convicted felon, contains a scrivener's error imposing a ten-year minimum-mandatory sentence. This conflicts with the trial court's oral pronouncement of three years. See § 775.087(2)(a)1.q., Fla. Stat. (2021). Accordingly, we remand for correction of the scrivener's error on the judgment and sentence. See, e.g., Aviles v. State, 151 So. 3d 555, 555 (Fla. 5th DCA 2014) (affirming Anders appeal but remanding for correction of scrivener's error). Because the correction of this scrivener's error is a ministerial act which 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.

COHEN, TRAVER and NARDELLA, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network