Aaron Mitchell Richardson v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMarch 3, 2023
Docket2D22-0420
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
AARON MITCHELL RICHARDSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D22-420
March 3, 2023
Appeal from the Circuit Court for Pasco County; Frank I. Grey, Judge.
Howard L. Dimmig, II, Public Defender, and Caroline Joan S. Picart,
Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Lydon W. Schultz,
Assistant Attorney General, Tampa, for Appellee.
LABRIT, Judge.
Aaron Mitchell Richardson appeals his conviction and sentence for
driving while license suspended. We affirm the conviction and sentence
without comment, but we remand with instructions to conform the
sentence to the trial court's order on Mr. Richardson's motion to correct
sentencing errors.
The trial court entered the original judgment and sentence on
January 27, 2022. After filing this appeal but before filing his initial
brief, Mr. Richardson filed a motion in the trial court under Florida Rule
of Criminal Procedure 3.800(b)(2) to correct scrivener's errors in the
sentence. Within sixty days, the trial court filed an order granting Mr.
Richardson's motion. It found that the original sentence did not itemize
all costs imposed or cite the statutory bases for them as the law requires.
See Singletary v. State, 198 So. 3d 973, 974 (Fla. 2d DCA 2016) ("The
statutory authority for all costs imposed, whether they are mandatory or
discretionary, must be cited in the written order." (quoting Vick v. State,
37 So. 3d 951, 952 (Fla. 2d DCA 2010))). The trial court's order directed
the clerk to enter an amended judgment and sentence, and it identified
the specific costs and statutory references that the amended judgment
and sentence must include. The clerk entered an amended judgment
and sentence but it does not fully comply with the trial court's order.
We therefore remand with instructions to conform the amended
judgment and sentence to the trial court's order entered September 2,
2022. See Johnson v. State, 48 Fla. L. Weekly D41, D42 (Fla. 2d DCA
Dec. 30, 2022) (remanding for entry of an amended judgment and
sentence to correct scrivener's errors as the trial court had ordered in
granting defendant's rule 3.800(b)(2) motion).
Affirmed; remanded with instructions.
NORTHCUTT and CASANUEVA, JJ., Concur.
Opinion subject to revision prior to official publication.
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