ROBERT COLUMBIE v. STATE OF FLORIDA ( 2019 )


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  •        DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
    FOURTH DISTRICT
    ROBERT COLUMBIE,
    Appellant,
    v.
    STATE OF FLORIDA,
    Appellee.
    No. 4D18-1130
    [December 11, 2019]
    Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
    Broward County; Edward Harold Merrigan, Judge; L.T. Case No.
    15012599CF10A.
    Carey Haughwout, Public Defender, and Claire V. Madill and Jessica
    Vega, Assistant Public Defenders, West Palm Beach, for appellant.
    Ashley Moody, Attorney General, Tallahassee, and MaryEllen M.
    Farrell, Assistant Attorney General, West Palm Beach, for appellee.
    PER CURIAM.
    Robert Columbie appeals his conviction and sentence for grand theft of
    an automobile. He raises several arguments regarding the conviction
    which we affirm without further comment. Columbie also argues that the
    case should be remanded to correct several issues with the costs imposed.
    We agree and remand the case for the trial court to make the necessary
    corrections.
    After his conviction, Columbie filed a motion pursuant to Florida Rule
    of Criminal Procedure 3.800(b)(2) with the trial court, requesting the court
    strike a $300 public defender fee and the additional prosecution costs.
    The State conceded the costs should be struck in accordance with
    Columbie’s motion. The trial court entered an order granting the motion
    and indicating that the costs would be corrected. However, the trial court
    did not issue an amended order correcting the costs and the Clerk of
    Court’s website still lists the inaccurate costs. On remand, the trial court
    should issue an amended order correcting the costs and an order directing
    the Clerk of Court to correct the costs on its website. See Leichty v. Clerk
    of Circuit Court, Lake Cty., 
    948 So. 2d 47
    , 48 (Fla. 5th DCA 2007) (stating
    that the trial court has authority over the Clerk of Court).
    Affirmed and remanded with instructions.
    GROSS, KLINGENSMITH and KUNTZ, JJ., concur.
    *         *        *
    Not final until disposition of timely filed motion for rehearing.
    2
    

Document Info

Docket Number: 18-1130

Filed Date: 12/11/2019

Precedential Status: Precedential

Modified Date: 12/11/2019