ANTONIOUS WHITE v. STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: August 30, 2024
• Docket: 2023-0120
• Status: Published

Opinion

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 6D2023-0120 Lower Tribunal Nos. CF20-5591-XX and CF20-7975-XX _____________________________

ANTONIOUS WHITE,

Appellant, v.

STATE OF FLORIDA,

Appellee. _____________________________

Appeal from the Circuit Court for Polk County. J. Kevin Abdoney, Judge.

August 30, 2024

PER CURIAM.

In this Anders appeal, we affirm the trial court’s revocation and termination

of Antonious White’s probation without further comment. 1 We remand for the

correction of two scrivener’s errors, both of which White raised in a motion to

correct sentence on which the trial court did not rule. See Fla. R. Crim. P.

3.800(b)(2). First, although the trial court orally recognized that White had been

1 Anders v. California, 386 U.S. 738 (1967). This case was transferred from the Second District Court of Appeal to this Court on January 1, 2023. previously adjudicated guilty, the sentencing paperwork reflects a redundant

adjudication. See § 948.06(2)(e), Fla. Stat. (2021) (“If such probation . . . is revoked,

the court shall adjudge the probationer or offender guilty of the offense charged and

proven or admitted, unless he or she has previously been adjudged guilty . . . .”)

(emphasis added). Second, even though the trial court terminated White’s probation,

the sentencing paperwork requires him to pay costs of supervision. See id. §

948.09(1)(a)1. (requiring payment of costs of supervision by, among others,

probationers as condition of placement). White need not be present when the trial

court makes these ministerial corrections.

AFFIRMED and REMANDED.

TRAVER, C.J., and BROWNLEE, J., and LAMBERT, B.D., Associate Judge, concur.

Howard L. “Rex” Dimmig, II, Public Defender, and Daniel Muller, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Helene S. Parnes, Senior Assistant Attorney General, Tampa, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED