Demetrius Antonine Martin v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJune 28, 2021
Docket1D20-3467
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-3467
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DEMETRIUS ANTONINE MARTIN,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Bradford County.
Mark W. Moseley, Judge.
June 28, 2021
PER CURIAM.
Upon review pursuant to Anders v. California, 386 U.S. 738
(1967), we find no reversible error and affirm Appellant’s judgment
and sentence. However, we remand for correction of three
scrivener’s errors. See Ashley v. State, 850 So. 2d 1265, 1268 n.3
(Fla. 2003) (defining a scrivener’s error as a written clerical error
that is not the result of a “judicial determination or error”). The
amended judgment, filed on March 10, 2021, lists count 85 as
grand theft (third-degree felony). This count should be listed as
dealing in stolen property (second-degree felony). Also, the
amended judgment lists count 94 as dealing in stolen property
(second-degree felony). This count should be listed as grand theft
(third-degree felony). Additionally, the amended probation order,
filed on March 11, 2021, indicates a probationary term of three
years on counts 85 and 95. To be consistent with the oral
pronouncement and written sentence, this should reflect a
probationary term of 10 years. On remand, the lower tribunal shall
correct these scrivener’s errors, consistent with this opinion.
Appellant need not be present for these ministerial corrections. See
Walton v. State, 106 So. 3d 522, 529 (Fla. 1st DCA 2013) (“[A]
defendant need not be present at resentencing if the error to be
corrected is ‘purely ministerial’ or clerical, and involves no exercise
of the court’s discretion.”).
AFFIRMED and REMANDED for correction of scrivener’s errors.
ROBERTS, ROWE, and JAY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jessica J. Yeary, Public Defender, and Jasmine Russell, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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