FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-4638
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WILLIAM DOUGLAS BURGIN JR,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Santa Rosa County.
John F. Simon, Judge.
August 14, 2019
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.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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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.
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