SANIECA L DAVIS
v.
STATE OF FLORIDA
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A scrivener's error in a probation order that failed to reflect the trial court's prior order striking restitution must be corrected on remand.
[1] A clerical error in a probation order that fails to reflect a trial court's prior order striking restitution constitutes a scrivener's error correctable on remand without…
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Join FLexlaw to unlock all legal intelligence“a scrivener's error as a written clerical error that is not 'the result of a judicial determination or error'”
Court's definition of scrivener's error, citing Ashley v. State
Davis was convicted of grand theft over $20,000 and criminal use of personal identification information of a victim over sixty years of age. The trial…
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PER CURIAM.
Sanieca Davis appeals her convictions and sentences for grand theft over $20,000 and for criminal use of personal identification information where the victim was older than sixty years of age. We find no reversible error and affirm. We write only to address a scrivener’s error in the order of probation. See Ashley v. State, 850 So. 2d 1265, 1268 n.3 (Fla. 2003) (defining a scrivener’s error as a written clerical error that is not “the result of a judicial determination or error”). Relevant here, the circuit court granted Davis’s motion to correct illegal sentence to strike the restitution award. Yet the order of probation was never corrected to reflect this ruling. Davis argues, and the State properly concedes, that the restitution award must be stricken
from the order of probation to conform to the circuit court’s prior order. On remand, the circuit court shall order the Department of Corrections to correct the order of probation as it relates to restitution. Davis need not be present for this ministerial correction to the order of probation.
AFFIRMED and REMANDED for correction of order of probation.
ROBERTS, RAY, and M.K. THOMAS, JJ., concur. _____________________________