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Jairo Lainez Padilla v. State of Florida, 17-0818 (2018)

Court: District Court of Appeal of Florida Number: 17-0818
Filed: Aug. 30, 2018
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-0818 _ JAIRO LAINEZ PADILLA, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Leon County. James C. Hankinson, Judge. August 30, 2018 PER CURIAM. In this Anders * appeal, we affirm the judgment and sentence. However, the written sentence contains a scrivener’s error. We remand for the trial court to correct the written sentence to reflect that it imposed a public defender application fee. The box for that
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           FIRST DISTRICT COURT OF APPEAL
                  STATE OF FLORIDA
                   _____________________________

                           No. 1D17-0818
                   _____________________________

JAIRO LAINEZ PADILLA,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                    ___________________________

On appeal from the Circuit Court for Leon County.
James C. Hankinson, Judge.

                           August 30, 2018


PER CURIAM.

     In this Anders * appeal, we affirm the judgment and
sentence. However, the written sentence contains a scrivener’s
error. We remand for the trial court to correct the written
sentence to reflect that it imposed a public defender application
fee. The box for that fee remains unchecked despite the fee being
orally imposed and the money included in the total amount in the
judgment and sentence. See Washington v. State, 
37 So. 3d 376
(Fla. 1st DCA 2010) (affirming Anders appeal but remanding for
correction of scrivener’s error).

    AFFIRMED and REMANDED with instructions.


    *   Anders v. California, 
386 U.S. 738
(1967).
WOLF, BILBREY, and KELSEY, JJ., concur.
                _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________

Candice K. Brower, Regional Counsel, Office of Criminal Conflict
and Civil Regional Counsel, Region One, Gainesville, and Melissa
Ford, Assistant Regional Counsel, Office of Criminal Conflict and
Civil Regional Counsel, Region One, Tallahassee, for Appellant,
and Jairo Lainez Padilla, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.




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Source:  CourtListener

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