Knight v. State of Florida

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

No. 1D2025-2323

DELONDRA KNIGHT,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

On appeal from the Circuit Court for Hamilton County. Jamie L. Tyndal, Judge.

September 23, 2026

PER CURIAM.

Appointed counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and Knight did not file a pro se brief. Following our independent review, we affirm the revocation of Knight’s supervision and his orally pronounced sentences. The written judgment and sentencing documents, however, contain scrivener’s errors requiring correction.

A scrivener’s error is “a mistake in the written sentence that is at variance with the oral pronouncement of sentence or the record but not those errors that are the result of a judicial determination or error.” Ashley v. State, 850 So. 2d 1265, 1268 n.3 (Fla. 2003) (citation omitted); see also Williams v. State, 422 So. 3d 1155, 1164 (Fla. 5th DCA 2025). The judgment incorrectly states

2 that Knight was tried and found guilty, although he admitted to the violations of probation in an open plea. The count 2 sentencing form does not reflect the revocation of Knight’s supervision. And the written designations of concurrent sentences conflict with the oral pronouncement of a five-year sentence on count 1 followed by a consecutive three-year sentence on count 2. We therefore remand solely for the trial court to correct the judgment to reflect Knight’s orally pronounced sentence. Knight need not be present for these ministerial corrections. See Berry v. State, 342 So. 3d 283, 283 (Fla. 1st DCA 2022). AFFIRMED and REMANDED for correction of scrivener’s errors. BILBREY, TREADWELL, and NEFF, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Jessica J. Yeary, Public Defender, and Joel Daniel Arnold, Assistant Public Defender, Tallahassee, for Appellant. James Uthmeier, Attorney General, Tallahassee, for Appellee.