Casey Lee Swander v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledApril 29, 2020
Docket1D19-1799
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-1799
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CASEY LEE SWANDER,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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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.
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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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Andy Thomas, Public Defender, and Megan Long, Assistant Public
Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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