KRISTOPHER HADDOCK v. STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

KRISTOPHER HADDOCK, ) ) Appellant, ) ) v. ) Case No. 2D17-2060 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________)

Opinion filed October 19, 2018.

Appeal from the Circuit Court for Lee County; J. Frank Porter, Judge.

Howard L. Dimmig, II, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.

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

SILBERMAN, Judge.

In this Anders1 appeal, we affirm Kristopher Haddock's convictions and sentences but remand for the trial court to correct the sentencing documents. See In re Anders Briefs, 581 So. 2d 149, 152 (Fla. 1991); Mobley v. State, 968 So. 2d 632, 632

1Anders v. California, 386 U.S. 738 (1967). (Fla. 2d DCA 2007). The trial court had granted Haddock's motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), but no corrections have been made. Therefore, we remand for the trial court to correct the costs by removing the cost imposed pursuant to section 938.10, Florida Statutes (2016), and to reduce the cost imposed pursuant to section 938.085 from $453 to $302. In addition, the trial court shall correct the judgment and sentence to change the description of count one from "Kidnap-False Imprisonment Adult" to "False Imprisonment Adult." The trial court shall also correct the probation order to reflect these changes.

Our affirmance is without prejudice to Haddock's right to file a timely, facially sufficient motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850.

Affirmed and remanded. CASANUEVA and MORRIS, JJ., Concur.

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