Haddock v. State
| Decision Date | 19 October 2018 |
| Docket Number | Case No. 2D17-2060 |
| Citation | 255 So.3d 994 (Mem) |
| Parties | Kristopher HADDOCK, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Howard L. Dimmig, II, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
In this Anders 1 appeal, we affirm Kristopher Haddock's convictions and sentences but remand for the trial court to correct the sentencing documents. See In re Anders Briefs, 581 So.2d 149, 152 (Fla. 1991) ; Mobley v. State, 968 So.2d 632, 632 (Fla. 2d DCA 2007). The trial court had granted Haddock's motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), but no corrections have been made. Therefore, we remand for the trial court to correct the costs by removing the cost imposed pursuant to section 938.10, Florida Statutes (2016), and to reduce the cost imposed pursuant to section 938.085 from $453 to $302. In addition, the trial court shall correct the judgment and sentence to change the description of count one from "Kidnap-False Imprisonment Adult" to "False Imprisonment Adult." The trial court shall also correct the probation order to reflect these changes.
Our affirmance is without prejudice to Haddock's right to file a timely, facially sufficient motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850.
Affirmed and remanded.
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Gardner v. State
...for the trial court to correct the sentencing documents. See In re Anders Briefs, 581 So. 2d 149, 152 (Fla. 1991) ; Haddock v. State, 255 So. 3d 994, 994 (Fla. 2d DCA 2018). Gardner filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) to correct the sentencing errors ra......
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Pirtle v. State
...the $220 in court costs from the sentencing order and correct the probation order to reflect these changes. See Haddock v. State , 255 So. 3d 994, 994 (Fla. 2d DCA 2018) ; Vick , 37 So. 3d at 952. That said, the trial court may reimpose these court costs if it cites proper statutory authori......