JOSHUA RICHARD BERGENTY vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: November 14, 2022
• Docket: 22-0938
• 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

JOSHUA RICHARD BERGENTY,

Appellant,

v. Case No. 5D22-938 LT Case No. 2017-CF-000055-A

STATE OF FLORIDA,

Appellee.

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Opinion filed November 14, 2022

Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.

Matthew J. Metz, Public Defender, and Joseph Chloupek, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM. In this Anders1 appeal, we affirm the judgment and sentence imposed

by the trial court following revocation of Appellant’s probation. However, we

remand for correction of a scrivener’s error in the order revoking probation to

reflect that Appellant was found to have violated Special Condition 28, not

Special Condition 15, and for entry of an amended cost/fees order that shows

the assessment of $50.00 (not $100.00) for the Public Defender Application

Fee. See Harrison v. State, 313 So. 3d 926 (Fla. 5th DCA 2021).

AFFIRMED; REMANDED for correction of scrivener’s error.

EVANDER, EDWARDS, and HARRIS, JJ., concur.

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