Tyrone Warren v. State of Florida

FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case No. 5D2024-1505
LT Case No. 2021-CF-1111
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TYRONE WARREN,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Lake County.
Cary F. Rada, Judge.
Matthew J. Metz, Public Defender, and Judson Searcy, Assistant
Public Defender, Daytona Beach, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Robin A.
Compton, Assistant Attorney General, Daytona Beach, for
Appellee.
December 5, 2025
PER CURIAM.
In this Anders1 appeal, we affirm Appellant’s judgment and
sentence. We remand only for correction of scrivener’s errors in
the written sentence.
1 Anders v. California, 386 U.S. 738 (1967).

2
Below, Appellant moved to correct sentencing errors pursuant
to Florida Rule of Criminal Procedure 3.800(b), arguing his written
Judgment and Sentence and Final Judgment Assessing Charges,
Costs, and Fines each included a $250 fine and $12.50 surcharge
on count 1 that was not orally pronounced at sentencing. The trial
court entered an order striking the fine and surcharge and
rendered a Second Amended Final Judgment Assessing Charges,
Costs, and Fines in which the fine and surcharge were stricken.
However, the trial court failed to also amend Appellant’s
Judgment and Sentence to remove the fine and surcharge.
We cannot conclude that this error is harmless beyond a
reasonable doubt. Thus, we remand for entry of amended
sentencing documents striking the discretionary $250 fine and
surcharge in accordance with the lower court’s ruling on
Appellant’s motion and consistent with the Second Amended Final
Judgment Assessing Charges, Costs, and Fines. See Johnson v.
State, 354 So. 3d 598, 600 (Fla. 2d DCA 2022).
AFFIRMED; REMANDED with instructions.
EISNAUGLE and KILBANE, JJ., concur.
EDWARDS, J., concurs in result only.

3
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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