TRACI LYNNE CLARK
v.
STATE OF FLORIDA

Fla. 5th DCA | 2018-11-16
No. 17-3506
Wolfe, J., Torpy, J., Evander, J., Eisnaugle, J.
257 So. 3d 638 Florida District Court of Appeal, Fifth District (2018)

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Holding

The judgment and sentence are affirmed, but the case is remanded to correct a scrivener's error in the probation order that incorrectly specified drug offender probation rather than regular probation.


Headnotes

[1] A scrivener's error in a probation order that designates an incorrect type of probation may be corrected on remand without disturbing the underlying judgment and sentence…

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Facts & Procedural History

Traci Lynne Clark was convicted and sentenced by the Circuit Court for Putnam County. The probation order contained a scrivener's error regarding the …

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Opinion of the Court
Eisnaugle

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

TRACI LYNNE CLARK,

Appellant,

v. Case No. 5D17-3506

STATE OF FLORIDA,

Appellee. ________________________________/

Opinion filed November 16, 2018

Appeal from the Circuit Court for Putnam County, Clyde E. Wolfe, Judge.

James S. Purdy, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm Appellant’s judgment and sentence but remand for correction of a scrivener’s error. Section 3 of the amended order of probation should reflect that following Appellant’s period of incarceration, she is to be placed on regular probation, not drug offender probation.

AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENER’S ERROR.

TORPY, EVANDER and EISNAUGLE, JJ., concur.


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