CRAIG
v.
STATE
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A sentencing court's written documents must be corrected to reflect an oral pronouncement of sentence when a discrepancy exists.
[1] A scrivener's error in an order revoking probation may be corrected on remand.
[2] A court may affirm a judgment and sentence while remanding for correction of a scrivener's error in a related order.
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Join FLexlaw to unlock all legal intelligenceCraig appealed the revocation of his probation and resulting sentence. The trial court orally awarded credit for time served, but the written sentenci…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA _____________________________
No. 1D17-5060 _____________________________
BRIAN ALLEN CRAIG,
Appellant,
v. STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Alachua County. Phillip A. Pena, Judge.
June 20, 2018 PER CURIAM.
We affirm the revocation of the Appellant’s probation and the resulting sentence, but we remand for correction of a scrivener’s error. The trial court orally awarded credit for time served, but the sentencing documents do not reflect that award. The court should correct the written documents to comport with the oral pronouncement. See Powell v. State, 223 So. 3d 412, 414 (Fla. 5th DCA 2017) (affirming the defendant’s convictions and sentences, but remanding for the correction of a scrivener’s error where the written sentence did not comport with the oral pronouncement of sentence).
AFFIRMED and REMANDED for correction of a scrivener’s error.
2
MAKAR, WINOKUR, and WINSOR, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________
Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.