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Justin Tavarse Barge v. State of Florida, 18-3713 (2019)

Court: District Court of Appeal of Florida Number: 18-3713 Visitors: 21
Filed: Jul. 22, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-3713 _ JUSTIN TAVARSE BARGE, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Escambia County. Jennie Kinsey, Judge. July 22, 2019 PER CURIAM. This appeal was filed pursuant to Anders v. California, 386 U.S. 738 (1967). Having reviewed the record, we affirm the Appellant’s convictions and sentences, but we remand with directions to correct a scrivener’s error in the judgment and sentence. See Ducker v. Sta
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         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                         No. 1D18-3713
                 _____________________________

JUSTIN TAVARSE BARGE,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Escambia County.
Jennie Kinsey, Judge.

                         July 22, 2019


PER CURIAM.

     This appeal was filed pursuant to Anders v. California, 
386 U.S. 738
(1967). Having reviewed the record, we affirm the
Appellant’s convictions and sentences, but we remand with
directions to correct a scrivener’s error in the judgment and
sentence. See Ducker v. State, 
197 So. 3d 1095
, 1095-96 (Fla. 1st
DCA 2016) (affirming judgment and sentence but remanding for
correction of unpreserved scrivener’s errors).

    The judgment and sentence inadvertently omits the
conviction and sentence for count three. The Appellant need not
be present for these ministerial corrections to the
judgment. See Walton v. State, 
106 So. 3d 522
, 529 (Fla. 1st DCA
2013) (“[A] defendant need not be present at resentencing if the
error to be corrected is ‘purely ministerial’ or clerical, and involves
no exercise of the court’s discretion.”).

    AFFIRMED and REMANDED with instructions.

B.L. THOMAS, ROWE, and OSTERHAUS, 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.




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Source:  CourtListener

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