Benjamin A. Clifford v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMarch 18, 2020
Docket2D17-5052
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
BENJAMIN A. CLIFFORD, )
)
Appellant, )
)
v. ) Case No. 2D17-5052
)
STATE OF FLORIDA, )
)
Appellee. )
___________________________________)
Opinion filed March 18, 2020.
Appeal from the Circuit Court for
Hillsborough County; Nick Nazaretian,
Judge.
Howard L. Dimmig, II, Public Defender, and
Matthew D. Bernstein, Assistant Public
Defender, Bartow, for Appellant.
Ashley Moody, Attorney General,
Tallahassee, for Appellee.
KHOUZAM, Chief Judge.
Benjamin A. Clifford appeals his conviction and sentence for felony
battery. We affirm in all respects except to remand for the correction of a minor
sentencing error identified in defense counsel's brief filed pursuant to Anders v.
California, 386 U.S. 738 (1967). See In re Anders Briefs, 581 So. 2d 149, 152 (Fla.
1991) ("[A]ppellate courts are to follow the Anders procedure fully even when costs or
other minor sentencing errors are raised in 'no merit' briefs."). The record shows that
the circuit court granted both of Clifford's motions to correct sentencing error, finding
that the sentencing court had failed to give him notice of his right to a hearing to contest
the $100 public defender fee when announcing its imposition at sentencing. See
Newton v. State, 262 So. 3d 849, 849-50 (Fla. 2d DCA 2018). Although the circuit court
repeatedly ordered that the fee be stricken, it appears that an amended order has not
been entered. Accordingly, we remand for the entry of an amended order on fees and
costs.
Affirmed; remanded with directions.
CASANUEVA and VILLANTI, JJ., Concur.
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