Michael Hightower, Jr. v. State of Florida

Summary

The Fifth District Court of Appeal of Florida affirmed Michael Hightower, Jr.'s convictions and sentences following an Anders appeal. The court remanded for correction of two clerical errors in the second amended judgment and sentence: an unrequested investigative-cost assessment and an incorrect notation that Hightower pleaded guilty rather than being found guilty by a jury.

Holdings

1. The convictions and sentences imposed after the jury trial are affirmed without further discussion.
2. An investigative-cost assessment must be stricken from the judgment when the State did not request it.
3. The judgment must be corrected to state that Appellant was tried and found guilty by a jury rather than that he pleaded guilty.

Questions Presented

1. Whether the convictions and sentences should be affirmed in an Anders appeal.
2. Whether the second amended judgment and sentence should be corrected to remove an unrequested investigative-cost assessment and to accurately reflect that Appellant was convicted following a jury trial rather than a guilty plea.

Disposition

affirmed