Kevin Davis v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED KEVIN DAVIS, Appellant, v. Case No. 5D16-2738 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 24, 2017 Appeal from the Circuit Court for Seminole County, Debra S. Nelson, Judge. James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Based upon our independent review pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm Davis’s judgment and sentence. We remand only for correction of a scrivener's error in the judgment. See Taylor v. State, 120 So. 3d 213 (Fla. 5th DCA 2013) ("Despite affirmance, we remand the judgment and sentence on Count 2 for correction of a scrivener's error in the written sentencing documents." (citation omitted)). On remand, the trial court is directed to include in the judgment the total amount of $250.00 for attorney’s fees, as orally pronounced at sentencing. AFFIRMED; REMANDED FOR CORRECTION OF A SCRIVENER’S ERROR. TORPY, BERGER and WALLIS, JJ., concur. 2

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