WILLIAM CASTRO
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-09-13
No. 19-0791
Maloney, J., Wallis, J., Edwards, J., Sasso, J.
Florida District Court of Appeal, Fifth District (2019)

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Holding

The trial court's order granting in part and denying in part the defendant's motion for correction of jail credit was affirmed, but the case was remanded to correct a scrivener's error in the number of days awarded.


Headnotes

[1] A trial court's order on a motion for correction of jail credit may be affirmed on appeal notwithstanding a scrivener's error in calculating the number of days of credit,…

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Facts & Procedural History

William Castro appealed a trial court order on his motion for correction of jail credit. The order contained a mathematical error, awarding 39 days of…

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Opinion of the Court
Sasso

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

WILLIAM CASTRO,

Appellant,

v. Case No. 5D19-791

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed September 13, 2019

3.801 Appeal from the Circuit Court for Brevard County, Nancy Maloney, Judge.

William Castro, Panama City, pro se.

No Appearance for Appellee.

PER CURIAM.

We affirm the trial court's order summarily granting in part and denying in part the defendant's Motion for Correction of Jail Credit. See Fla. R. Crim. P. 3.801; State v. Cregan, 908 So. 2d 387, 391 (Fla. 2005). However, we remand for the postconviction court to correct a scrivener's error in the order because it incorrectly awards 39, instead of 38, days of jail credit. AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENER'S ERROR.

WALLIS, EDWARDS, and SASSO, JJ., concur.


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