

Here is what the Judge has to say...aside from DENIED!! to Mr. Archer and his attorney............ORDER ON MOTION TO CORRECT SENTENCING ERROR..... THIS MATTER came before the Court upon Defendant's motion to correct sentencing error, filed by and through counsel on March 20, 2020, pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). The Court, having reviewed the motion, the State's response, and the court file, and being otherwise fully apprised of the premises, finds as follows: Defendant contends that his sentence contains multiple errors. First, Defendant states that the Court erred in imposing a lifetime animal ownership ban. Second, Defendant asserts that the Court erred when imposing probationary conditions (32), (33), (34), (36), (41), (42), and (43). Third, Defendant states that an error exists on the "Final Judgment For Charges, Costs, & Fines" form. The Court makes the following findings. First, the Court finds that the parties stipulated to a lifetime animal ownership b See Appendix A (Transcript of the Plea Hearing) at pp. 11-13. Therefore, the motiaigto rrect sentencing error is DENIED to that extent. :•;o - c-) "r; r\,) Second, "[t]rial courts have broad discretion to impose conditions of probtibt,Out specia -0 rn conditions must be reasonably related to rehabilitation." Austin v. State, 67 So. 3d 4 SE (F1 1St DCA 2011). At sentencing, Andrew Garber, Defendant's therapist, testified thEi:,-13y to own admittance, [Defendant] [was] drinking that night." See Appendix B (Transcript-Of Sentencing Hearing) at pp. 49-50. Further, an axon camera video showed Defendant informing police officers that he had consumed four beers the night of the underlying incident. See id. at pp. 19-20. Andrew Garber also testified regarding Defendant's need for ongoing counseling. See id. at pp. 49-53. Thus, the Court finds that the imposition of drug offender conditions was permissible. Therefore, the motion to correct sentencing error is DENIED to that extent. Third, the Court finds that a scrivener's error does exist on the "Final Judgment For Charges, Costs, & Fines" form. Therefore, the motion to correct sentencing error is GRANTED to that extent. RULING Accordingly, it is ORDERED AND ADJUDGED that Defendant's motion to correct sentencing error is DENIED with respect to the first two contentions raised by Defendant and GRANTED with respect to the third and final contention raised by Defendant. Further, 1. The Office of the Clerk of the Court is DIRECTED to AMEND the "Order/Final Judgment for Charges, Costs, & Fees" filed on December 2, 2019, to reflect that the $100.00 "Investigation Costs to Ponce Inlet Police Department" imposed pursuant to section 938.27, Florida Statutes, under the "Discretionary Costs" section is STRICKEN; 2. The Office of the Clerk of the Court is further directed to transmit copies of Defendant's Amended "Order/Final Judgment for Charges, Costs, & Fees" to Defendant and the Department of Corrections; and 3. The Office of the Clerk of the Court shall supplement the appellate record with the instant motion, the instant order, and the amended "Order/Final Judgment for Charges, Costs, & Fees" pursuant to Florida Rule of Appellate Procedure 9.140(f)(6)