DARRELL SAMUEL WADE v. STATE OF FLORIDA (2023)

Upon review pursuant to Anders v. California, 386 U.S. 738 (1967), we find no reversible error and affirm Appellant's judgment and sentence. However, we remand for correction of scrivener's errors. See Ashley v. State, 850 So. 2d 1265, 1268 n.3 (Fla. 2003) (defining a scrivener's error as a written clerical error that is not the result of a “judicial determination or error”). The trial court orally rendered an adjudication and sentence on only one count. The written judgment and sentence includes an adjudication and sentence on a Count 2—driving while license suspended. The written judgment and sentence should be corrected to delete all references to Count 2. On remand, the lower tribunal shall correct these scrivener's errors, consistent with this opinion. Appellant need not be present for these ministerial corrections. See Walton v. State, 106 So. 3d 522, 529 (Fla. 1st DCA 2013) (“[A] defendant need not be present at resentencing if the error to be corrected is ‘purely ministerial’ or clerical, and involves no exercise of the court's discretion.”).

AFFIRMED and REMANDED for correction of scrivener's errors.

PER CURIAM.

LEWIS, ROBERTS, and WINOKUR, JJ., concur.