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Golden v. State

District Court of Appeal of Florida, First District.
Mar 30, 2022
335 So. 3d 1278 (Fla. Dist. Ct. App. 2022)

Opinion

No. 1D21-879

03-30-2022

Dustin Lee GOLDEN, Appellant, v. STATE of Florida, Appellee.

Jessica J. Yeary, Public Defender, and Lori A. Willner, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.


Jessica J. Yeary, Public Defender, and Lori A. Willner, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

Per Curiam.

Upon review pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no reversible error and affirm Appellant's judgment and sentence. We write only to correct a scrivener's error in the judgment. 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 judgment incorrectly lists sections 817.61 and 817.67, Florida Statutes, on the grand theft count, and section 812.014, Florida Statutes, on the fraudulent use of a credit card counts. On remand, the trial court shall correct the judgment to accurately list each statute to correspond with the crime. Appellant need not be present for this ministerial correction to the judgment. 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 a scrivener's error.

Roberts, Winokur, and M.K. Thomas, JJ., concur.


Summaries of

Golden v. State

District Court of Appeal of Florida, First District.
Mar 30, 2022
335 So. 3d 1278 (Fla. Dist. Ct. App. 2022)
Case details for

Golden v. State

Case Details

Full title:Dustin Lee GOLDEN, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, First District.

Date published: Mar 30, 2022

Citations

335 So. 3d 1278 (Fla. Dist. Ct. App. 2022)