JOSEPH ANTHONY CRENSHAW vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: April 29, 2022
• Docket: 21-1637
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

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

JOSEPH ANTHONY CRENSHAW,

Appellant,

v. Case No. 5D21-1637 LT Case No. 2018-CF-2054-A

STATE OF FLORIDA,

Appellee.

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Opinion filed April 29, 2022

Appeal from the Circuit Court for Marion County, Lisa D. Herndon, Judge.

Matthew J. Metz, Public Defender, and Darnelle Paige Lawshe, Assistant Public Defender, Daytona Beach, for Appellant.

Joseph Anthony Crenshaw, Bonifay, pro se.

Ashley Moody, Attorney General, Tallahassee, and Daniel P. Caldwell, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM. We affirm this Anders1 appeal in all respects. We note, however, the

judgment on count two, possession of a firearm by a convicted felon,

contains a scrivener’s error imposing a ten-year minimum-mandatory

sentence. This conflicts with the trial court’s oral pronouncement of three

years. See § 775.087(2)(a)1.q., Fla. Stat. (2021). Accordingly, we remand

for correction of the scrivener’s error on the judgment and sentence. See,

e.g., Aviles v. State, 151 So. 3d 555, 555 (Fla. 5th DCA 2014) (affirming

Anders appeal but remanding for correction of scrivener’s error). Because

the correction of this scrivener’s error is a ministerial act which has no impact

on Appellant’s incarceration term, he need not be present at resentencing.

See Johnson v. State, 899 So. 2d 1283, 1283 (Fla. 5th DCA 2005).

AFFIRMED and REMANDED.

COHEN, TRAVER and NARDELLA, JJ., concur.

1 Anders v. California, 386 U.S. 738 (1967).