Michael Craig Banks v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 22, 2020
Docket1D18-4813
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-4813
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MICHAEL CRAIG BANKS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Okaloosa County.
John T. Brown, Judge.
January 22, 2020
PER CURIAM.
In this appeal pursuant to Anders v. California, 386 U.S. 738
(1967), we affirm Banks’s judgment and sentence but remand for
the trial court to correct a scrivener’s error in the written sentence.
In case 17-CF-2420, the court at first pronounced a sentence of 11
months and 29 days in county jail for count II and 60 days in
county jail for count III. But after a brief recess during the
sentencing hearing, the court granted a request from defense
counsel to impose a time-served sentence for both of those
misdemeanor counts. Yet the written sentence still reflects the
initial sentence imposing county jail time. Thus, the written
sentence should be corrected to reflect the trial court’s oral
pronouncement of a time-served sentence on counts II and III in
case 17-CF-2420. See Hughes v. State, 204 So. 3d 579, 580 (Fla. 1st
DCA 2016) (remanding for correction of a scrivener’s error in an
Anders appeal so that the written sentence reflected the oral
pronouncement of time served).
AFFIRMED and REMANDED.
RAY, C.J., and 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 Lynne Long, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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