Michael Bennett v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: August 22, 2025
• Docket: 5D2024-1502
• Status: Published

Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D2024-1502 LT Case No. 2022-CF-512 _____________________________

MICHAEL BENNETT,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Flagler County. Christopher Anthony France, Judge.

Matthew J. Metz, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant.

Michael Bennett, Milton, pro se.

James Uthmeier, Attorney General, Tallahassee, Rebecca Rock McGuigan and Marissa V. Giles, Assistant Attorneys General, Daytona Beach, for Appellee.

August 22, 2025

PER CURIAM. In this Anders* appeal, we affirm but remand for the correction of a scrivener’s error. The trial court sentenced Appellant to concurrent prison terms of eighty-four months—that is, seven years. However, the written sentence mistakenly reflects that the prison terms are for eight years. Because the court’s oral pronouncement controls over the written sentence, we remand for the court to make the appropriate correction. See Crenshaw v. State, 338 So. 3d 425 (Fla. 5th DCA 2022). Appellant need not be present for this ministerial act. Id.

AFFIRMED; REMANDED with instructions.

JAY, C.J., and EDWARDS and KILBANE, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

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