Weldon v. State

District Court of Appeal of Florida

Weldon v. State

173 So. 3d 1098, 2015 Fla. App. LEXIS 12554, 2015 WL 4965997

CourtDistrict Court of Appeal of Florida

DecidedAugust 21, 2015

Docket2D14-3466

StatusPublished

This text of 173 So. 3d 1098 (Weldon 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

Weldon v. State, 173 So. 3d 1098, 2015 Fla. App. LEXIS 12554, 2015 WL 4965997 (Fla. Ct. App. 2015).

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Opinion

SALARIO, Judge.

In this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Andrew Weldon challenges the judgment and sentence entered after he pleaded no contest to two counts of sale of cocaine, two counts of possession of cocaine, two counts of sale of marijuana, and two misdemeanor counts of possession of marijuana. Mr. Weldon received concurrent 7.1-year habitual felony offender sentences for each of the six felony counts and time-served for the two misdemeanors. The trial court waived his fees and costs on all counts. Mr. Weldon did not reserve any specific issues for appeal, and we affirm his convictions and sentences without comment. We write only to direct the correction of a scrivener’s error related to the imposition of costs that appears on the face of his written sentences.

Mr. Weldon filed a motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), seeking to have the imposition of costs stricken from his written sentences on counts two through six, where no such costs were orally imposed as part of his plea agreement. The written sentence on count one correctly reflected the waiver of these costs. The trial court issued an order clarifying that no such costs were imposed on any of the sentences because they were waived. However, the newly entered judgment and sentence following the entry of the rule 3.800(b)(2) order still reflects the imposition of costs on the sentences for counts two through six. Accordingly, we remand solely for the correction of the written sentences on those counts to reflect that the costs were waived. See Skinner v. State, 155 So.3d 497 (Fla. 5th DCA 2015).

Affirmed; remanded with instouctions.

WALLACE and KHOUZAM, JJ., Concur.

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SALARIO, Judge.

In this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Andrew Weldon challenges the judgment and sentence entered after he pleaded no contest to two counts of sale of cocaine, two counts of possession of cocaine, two counts of sale of marijuana, and two misdemeanor counts of possession of marijuana. Mr. Weldon received concurrent 7.1-year habitual felony offender sentences for each of the six felony counts and time-served for the two misdemeanors. The trial court waived his fees and costs on all counts. Mr. Weldon did not reserve any specific issues for appeal, and we affirm his convictions and sentences without comment. We write only to direct the correction of a scrivener’s error related to the imposition of costs that appears on the face of his written sentences.

Mr. Weldon filed a motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), seeking to have the imposition of costs stricken from his written sentences on counts two through six, where no such costs were orally imposed as part of his plea agreement. The written sentence on count one correctly reflected the waiver of these costs. The trial court issued an order clarifying that no such costs were imposed on any of the sentences because they were waived. However, the newly entered judgment and sentence following the entry of the rule 3.800(b)(2) order still reflects the imposition of costs on the sentences for counts two through six. Accordingly, we remand solely for the correction of the written sentences on those counts to reflect that the costs were waived. See Skinner v. State, 155 So.3d 497 (Fla. 5th DCA 2015).

Affirmed; remanded with instouctions.

WALLACE and KHOUZAM, JJ., Concur.

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173 So. 3d 1098, 2015 Fla. App. LEXIS 12554, 2015 WL 4965997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weldon-v-state-fladistctapp-2015.

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