MARK C. ROBERTS
v.
STATE

Fla. 5th DCA | 2018-08-27
No. 5D18-95
Florida District Court of Appeal, Fifth District (2018)

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Holding

An Anders appeal is affirmed, but the case is remanded to correct a scrivener's error in the probation order.


Headnotes

[1] A scrivener's error in a written probation order that contradicts the trial court's oral pronouncement of sentence is a remandable error.

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Facts & Procedural History

Roberts was sentenced orally to 36 months in prison followed by 24 months of probation on count two. The written probation order incorrectly stated th…

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Opinion of the Court

PER CURIAM.

In this Anders1 appeal, we affirm the judgment and sentences. However, the order of probation contains a scrivener’s error. Concerning count two, the trial court orally

Accordingly, we remand for the trial court to correct this scrivener’s error in the order of probation. See King v. State, 201 So. 3d 206 (Fla. 1st DCA 2016) (affirming an

Anders appeal but remanding for the trial court to correct a scrivener’s error).

AFFIRMED and REMANDED with instructions. PALMER, EDWARDS and EISNAUGLE, JJ., concur.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967) pronounced a sentence of 36 months in prison, followed by 24 months of probation. The written sentence reflects that sentence, but the order of probation states, "[t]he court hereby stays and withholds the imposition of sentence as to count . . . two and places the defendant on probation for a period of twenty-four (24) months."

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