Filed: Oct. 23, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-4042 _ SCOTTIE BRUCE HEGGS, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Duval County. Mark Borello, Judge. October 23, 2019 PER CURIAM. Upon review pursuant to Anders v. California, 386 U.S. 738 , 87 S. Ct. 1396 , 18 L. Ed. 2d 493 (1967), we find no reversible error and affirm Appellant’s judgment and sentence. We write only to correct two scrivener’s errors in the judgment. See Ashley v. State, 850 S
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-4042 _ SCOTTIE BRUCE HEGGS, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Duval County. Mark Borello, Judge. October 23, 2019 PER CURIAM. Upon review pursuant to Anders v. California, 386 U.S. 738 , 87 S. Ct. 1396 , 18 L. Ed. 2d 493 (1967), we find no reversible error and affirm Appellant’s judgment and sentence. We write only to correct two scrivener’s errors in the judgment. See Ashley v. State, 850 So..
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-4042
_____________________________
SCOTTIE BRUCE HEGGS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Duval County.
Mark Borello, Judge.
October 23, 2019
PER CURIAM.
Upon review pursuant to Anders v. California, 386 U.S. 738,
87 S. Ct. 1396,
18 L. Ed. 2d 493 (1967), we find no reversible
error and affirm Appellant’s judgment and sentence. We write only
to correct two scrivener’s errors in the judgment. See Ashley v.
State,
850 So. 2d 1265, 1268 n. 3 (Fla. 2003) (defining a scrivener’s
error as a written clerical error that is not “the result of a judicial
determination or error”). Appellant’s written judgment reflects
that possession of a firearm by a convicted felon is a third-degree
felony. However, possession of a firearm by a convicted felon is a
second-degree felony. § 790.23(3), Fla. Stat. (2016). On remand, the
trial court shall correct the judgment to reflect Appellant’s
conviction of a second-degree felony. Additionally, the trial court
orally imposed a $50 fee for the public defender application.
However, the written judgment includes a $100 fee. On remand,
the trial court shall correct the judgment to reflect a $50 public
defender application fee. See Skinner v. State,
155 So. 3d 497, 497
(Fla. 5th DCA 2015).
Judgment AFFIRMED, and cause REMANDED for correction
of scrivener’s errors.
ROBERTS, BILBREY, 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; and Scottie Bruce Heggs, pro se, for
Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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