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Burgin v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Aug 14, 2019
277 So. 3d 1009 (Fla. Dist. Ct. App. 2019)

Opinion

No. 1D18-4638

08-14-2019

William Douglas BURGIN Jr, Appellant, v. STATE of Florida, Appellee.

Andy Thomas, Public Defender, Steven L. Seliger, Assistant Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.


Andy Thomas, Public Defender, Steven L. Seliger, Assistant Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

Per Curiam.

We agree with appointed counsel that the record contains no reversible error and affirm Mr. Burgin's judgment and sentence. Anders v. California , 386 U.S. 738 (1967). We write only to correct a scrivener's error on the written judgment and sentence. 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"). After revoking Mr. Burgin's probation, the trial court orally imposed $100 for the cost of prosecution and $150 for the cost of the public defender. However, the written judgment and sentence entered after his violation of probation does not include these costs. On remand, the trial court shall correct these errors. See Skinner v. State , 155 So. 3d 497, 497 (Fla. 5th DCA 2015) (remanding for correction of scrivener's error in the order on fines and costs in an Anders appeal); Rivera v. State , 117 So. 3d 449-50 (Fla. 2d DCA 2013) (remanding for correction of the written sentence to reflect the oral pronouncement).

Judgment AFFIRMED and cause REMANDED for correction of scrivener's errors.

Ray, C.J., and Kelsey and Winokur, JJ., concur.


Summaries of

Burgin v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Aug 14, 2019
277 So. 3d 1009 (Fla. Dist. Ct. App. 2019)
Case details for

Burgin v. State

Case Details

Full title:WILLIAM DOUGLAS BURGIN JR, Appellant, v. STATE OF FLORIDA, Appellee.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Aug 14, 2019

Citations

277 So. 3d 1009 (Fla. Dist. Ct. App. 2019)