Batizi v. State

District Court of Appeal of Florida

Batizi v. State

268 So. 3d 235

CourtDistrict Court of Appeal of Florida

DecidedApril 12, 2019

DocketCase No. 5D18-2172

StatusPublished

This text of 268 So. 3d 235 (Batizi v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Batizi v. State, 268 So. 3d 235 (Fla. Ct. App. 2019).

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Opinion

PER CURIAM

We affirm this Anders ¹ appeal in all respects. However, we note that the judgment contains a scrivener's error where it states that Appellant's sex offender probation for count nine is for a period of eight years following the prison term. This conflicts with the oral pronouncement that the sentence for count nine (a third-degree felony) was two years of prison followed by three years of sex offender probation. Thus, we remand this case for correction of the scrivener's error on the judgment and sentence. See, e.g., Downey v. State, 114 So.3d 356 (Fla. 5th DCA 2013) (affirming an Anders appeal but remanding for correction of scrivener's errors).

AFFIRMED AND REMANDED WITH INSTRUCTIONS.

LAMBERT, GROSSHANS and SASSO, JJ., concur.

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PER CURIAM

We affirm this Anders ¹ appeal in all respects. However, we note that the judgment contains a scrivener's error where it states that Appellant's sex offender probation for count nine is for a period of eight years following the prison term. This conflicts with the oral pronouncement that the sentence for count nine (a third-degree felony) was two years of prison followed by three years of sex offender probation. Thus, we remand this case for correction of the scrivener's error on the judgment and sentence. See, e.g., Downey v. State, 114 So.3d 356 (Fla. 5th DCA 2013) (affirming an Anders appeal but remanding for correction of scrivener's errors).

AFFIRMED AND REMANDED WITH INSTRUCTIONS.

LAMBERT, GROSSHANS and SASSO, JJ., concur.

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Bluebook (online)

268 So. 3d 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/batizi-v-state-fladistctapp-2019.

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