Public-domain · open source
OpenJurist

156 So. 3d 591

Ramos v. State

District Court of Appeal of Florida

Decided February 5, 2015

District Court of Appeal of Florida · decided 2015-02-05

Cited by 4 later decisions — most recently July 2017

4 state decisions

Relies on Anders v. California · A.L.B. v. State · Colon v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2015-02-05

View the full empirical analysis of this case →

PER CURIAM.

¶1This appeal is brought under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Having reviewed the record on appeal, we affirm Appellant’s conviction for aggravated battery while in actual possession of a firearm and the ten-year mandatory minimum sentence the trial court imposed.

¶2However, the record reveals potential errors in the imposition of costs and fees, and a discrepancy between the total amount orally announced and the total reflected in the written judgment and sentence. In order to reverse for sentencing errors in an Andersappeal, the appellant must have preserved the errors either by objecting when the sentence was imposed or by filing a motion to correct sentencing errors. See A.L.B. v. State, 23 So.3d 190, 191 (Fla. 1st DCA 2009). Appellant did neither in this case; therefore we must *592affirm. But we do so without prejudice to his hereafter filing an appropriate post-conviction motion. See A.L.B., 23 So.3d at 192 (“Today’s affirmance is without prejudice to appellant’s right to seek relief collaterally[.]”); Colon v. State, 869 So.2d 1290, 1290 (Fla. 4th DCA 2004).

LEWIS, C.J., CLARK and MARSTILLER, JJ., concur.
/156/so3d/591 · .json · Public domain