LARRY J. HAMBLIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Larry Hamblin appeals his judgment and sentence entered on his violation of probation (VOP) adjudication. He was adjudicated guilty of possessing a firearm as a convicted felon and sentenced to 10 years’ imprisonment. We find no reversible error. However, the sentencing document contains a scrivener’s error, rendering it inconsistent with the trial court’s oral pronouncement. During sentencing, the trial court imposed a $100.00 public defender fee, but the written “Order Revoking Probation” and the order on “Charges/Costs/Fees” both reflect a $200.00 public defender fee. Therefore, we affirm Hamblin’s judgment and sentence, but remand with instructions to correct the scrivener’s error. See Garcia v. State, 148 So.3d 848 (Fla. 5th DCA 2014); Croskey v. State, 71 So.3d 199 (Fla. 5th DCA 2011).
AFFIRMED; REMANDED with instructions.
PALMER, ORFINGER and BERGER, JJ., concur.
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Citator
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Kandice Dingey v. State, 216 So. 3d 779 (Fla. 5th DCA 2017)…ance of the mandate, the trial court entered an order summarily denying Dingey’s second claim. Although the trial court was correct on the merits, we reverse because the trial court lacked jurisdiction when it entered its order. See Martin v. State, 159 So. 3d 382 (Fla. 5th DCA 2015) (holding that trial court lacked jurisdiction to enter its order before issuance of mandate on original rule 3.850 appeal). Accordingly, we reverse and remand for the trial court to reenter the order. REVERSED and REMANDED.…
Authorities Cited
- Croskey v. State, 71 So. 3d 199 (Fla. 5th DCA 2011)
- Rigoberto Garcia v. State, 148 So. 3d 848 (Fla. 5th DCA 2014)