Owens v. State

• Decision Date: 14 January 2021
• Docket Number: No. 1D19-4346,1D19-4346
• Citation: 323 So.3d 768 (Mem)
• Parties: Roderick Breon OWENS, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

323 So.3d 768 (Mem)

Roderick Breon OWENS, Appellant,

v.STATE of Florida, Appellee.

No. 1D19-4346

District Court of Appeal of Florida, First District.

January 14, 2021

Jessica Yeary, Public Defender; Tyler K. Payne, Greg Caracci, Megan L. Long, and Ronald W. Thomas, Assistant Public Defenders, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

ORDER STRIKING ANDERS BRIEF

Per Curiam.

Appellant's counsel filed a brief pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and this Court has conducted the review required by Anders , State v. Causey , 503 So. 2d 321 (Fla. 1987), and Florida Rule of Appellate Procedure 9.140(g)(2)(A). Our review reveals that a sentencing error and a scrivener's error may exist.

First, Appellant's twenty-year mandatory-minimum sentence pursuant to section 775.087(2)(a)2., Florida Statutes (the 10-20-Life statute), appears in the written judgment and sentence, but the trial court did not orally pronounce it. This sentencing error requires a new hearing, at which the court must orally impose the required sentence. Appellant must be present. See Dunbar v. State , 89 So. 3d 901, 906–07 (Fla. 2012) ; Bonner v. State , 242 So. 3d 501, 505–06 (Fla. 1st DCA 2018).

Second, Appellant's written judgment and sentence erroneously lists section 775.082(8)(b) as the authority for his prison releasee reoffender (PRR) sentence. However, the correct cite is subsection (9), which authorizes a PRR mandatory life sentence. See § 775.082(9) (defining PRR and listing mandatory sentences if the State proves a defendant is a PRR).

Accordingly, pursuant to Florida Rule of Appellate Procedure 9.140(g)(2)(B), we strike the Anders brief filed March 25, 2020, and the initial brief filed December 21, 2020, to permit the filing of a motion under Florida Rule of Criminal Procedure 3.800(b)(2), which shall govern the proceedings on that motion and supplementation of the record. Counsel for Appellant shall file the motion with the trial court within twenty days. Counsel for Appellant shall file an appropriate brief within twenty days following transmittal of the supplemental record. See Clark v. State , 223 So. 3d 1126 (Fla. 1st DCA 2017) (listing possible sentencing errors in Anders appeal, striking Anders brief, and permitting counsel to file 3.800(b)(2) motion in trial court); Adams v. State , 197 So. 3d 641 (Fla. 1st DCA 2016) (same).

Kelsey, M.K. Thomas, and Tanenbaum, JJ., concur.