Batizi v. State

• Decision Date: 12 April 2019
• Docket Number: Case No. 5D18-2172
• Citation: 268 So.3d 235 (Mem)
• Parties: Gregory J. BATIZI, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

268 So.3d 235 (Mem)

Gregory J. BATIZI, Appellant,
v.
STATE of Florida, Appellee.

Case No. 5D18-2172

District Court of Appeal of Florida, Fifth District.

Opinion filed April 12, 2019

James S. Purdy, Public Defender, and Glendon G. Gordon, Jr., Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

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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Notes:

¹ Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

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