Full Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D19-1799 _____________________________ CASEY LEE SWANDER, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Bay County. Christopher N. Patterson, Judge. April 29, 2020 PER CURIAM. We affirm the judgment and sentence and remand for the court to strike the habitual felony offender designation as to the conviction for driving while license suspended or revoked—third or subsequent offense. See Daniels v. State, 31 So. 3d 190, 191 (Fla. 1st DCA 2009) (finding that striking an improper designation as a habitual felony offender to comply with an appellate court’s mandate is a purely ministerial act, and thus the appellant’s presence is not necessary at resentencing). AFFIRMED and REMANDED with instructions. WOLF, KELSEY, and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee. 2