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MITCHELL v. STATE (2021)

District Court of Appeal of Florida, Fifth District.2021-12-10No. Case No. 5D21-1393

Authorities cited

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Opinion

We affirm this Anders

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appeal in all respects. However, we note that the judgment for Case No. 19-CF-1806-A contains a scriveners 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 scriveners 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 scriveners errors). Because this corrected sentence has no impact on Appellants 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

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.   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.