ROBERTS
v.
STATE
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The Fifth District Court of Appeal of Florida affirmed a defendant's judgment and sentences but remanded the case to correct a scrivener's error in the order of probation, which incorrectly stated that sentencing was withheld.
The written order of probation contains a scrivener's error regarding the imposition of sentence. The appellate court affirmed the judgment and sentences but remanded for correction of the probation order.
[1] A scrivener's error in a written order of probation may be corrected by remanding to the trial court.
[2] An appellate court may affirm a judgment and sentence while remanding for correction of a scrivener's error in the order of probation.
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Join FLexlaw to unlock all legal intelligence“In this Anders1 appeal, we affirm the judgment and sentences. However, the order of probation contains a scrivener’s error.”
Establishes the court's dual action of affirming the main judgment while identifying an error.
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Join FLexlaw to unlock all legal intelligenceThe defendant was sentenced to 36 months in prison followed by 24 months of probation. However, the written order of probation stated that the imposit…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MARK CHRISTOPHER ROBERTS, Appellant,
v. Case No. 5D18-95 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 31, 2018 Appeal from the Circuit Court for Brevard County, Robin C. Lemonidis, Judge.
James S. Purdy, Public Defender, and Sean Kevin Gravel, Assistant Public Defender, Daytona Beach, for Appellant.
Mark Christopher Roberts, Raiford, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.
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.
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Storms v. State (Fla. 5th DCA 2022)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Rashuan Devon King v. State, 201 So. 3d 206 (Fla. 1st DCA 2016)