ROBERT ALLAN DZIEKAN, JR.
v.
STATE OF FLORIDA
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A trial court's written sentencing order containing a scrivener's error regarding the fine amount must be corrected on remand to reflect the amount actually imposed at sentencing.
[1] A defendant need not be present for a trial court's ministerial correction of a scrivener's error in a sentencing order under Florida Rule of Criminal Procedure 3.800(b)(…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Dziekan need not be present for this ministerial act.”
The court explaining that correction of a scrivener's error in the fine amount does not require the defendant's presence at the correction proceeding.
Dziekan's probation was revoked and he was sentenced to a fine. The written sentencing order reflected a fine of $25,000, but the trial court had oral…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2023-3633 Lower Tribunal No. 2014 CF 3243 A O _____________________________
ROBERT ALLAN DZIEKAN, JR., Appellant,
v. STATE OF FLORIDA, Appellee. _____________________________
Appeal from the Circuit Court for Orange County. Diego M. Madrigal, III, Judge. November 21, 2025
SMITH, J.
In this Anders1 case, Robert Allan Dziekan, Jr., appeals from his judgment and sentence after his probation was revoked. We affirm in all respects with the exception of remanding for correction of a scrivener’s error in the fine amount, which Dziekan brought to the trial court’s attention via motion to correct sentencing error. See Fla. R. Crim. P. 3.800(b)(2); Rowan v. State, 396 So. 3d 634, 635 (Fla. 6th DCA 2024). The State concedes that the written order incorrectly reflects a fine
TRAVER, C.J., and WOZNIAK, J., concur.
Blair Allen, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.
Robert Allan Dziekan, Jr., Florida City, pro se.
James Uthmeier, Attorney General, Tallahassee, and Whitney Brown Hartless and Daniel P. Caldwell, Assistant Attorneys General, Daytona Beach, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF FILED
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Rowan v. State, 396 So. 3d 634 (Fla. 6th DCA 2024)