CHARLES B. RIMMER
v.
STATE
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A trial court's summary denial of a motion for correction of jail credit is affirmed, but the judgment must be remanded to correct a clerical error in the jail credit calculation.
[1] A scrivener's error in a judgment awarding jail credit may be corrected on remand even when the underlying motion for correction is properly denied.
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Join FLexlaw to unlock all legal intelligenceCharles B. Rimmer appealed a trial court's order summarily denying his motion for correction of jail credit in a criminal case. The judgment and sente…
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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
CHARLES B. RIMMER,
Appellant,
v. Case No. 5D17-3718
STATE OF FLORIDA,
Appellee.
________________________________/ Opinion filed May 11, 2018
3.801 Appeal from the Circuit Court for Brevard County, Robin C. Lemonidis, Judge.
Charles B. Rimmer, Orlando, pro se.
No Appearance for Appellee.
PER CURIAM.
We affirm the trial court's order summarily denying the defendant's Motion for Correction of Jail Credit. See Fla. R. Crim. P. 3.801. However, we remand for the trial court to correct a scrivener's error in the judgment and sentence in case number 2015-CF-52882, inasmuch as they incorrectly award 368, instead of 378, days of jail credit. AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENER’S ERROR.
COHEN, C.J., PALMER and LAMBERT, JJ., concur.