ALEX MICHAEL PALOMINO
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-05-01
No. 19-2463
Baxley, J., Orfinger, J., Wallis, J., Traver, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

The conviction is affirmed, but the case is remanded to correct a scrivener's error in the sentencing order that overstated costs by $350.


Headnotes

[1] A scrivener's error in a sentencing order reflecting an incorrect total of fines and costs may be corrected on remand to the trial court.

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Key Quotes

“erroneously reflecting a total of $2,141.50 in costs when the correct figure is actually $1,791.50”

The court identified the specific scrivener's error requiring correction

Facts & Procedural History

Alex Michael Palomino was convicted in Lake County Circuit Court. The sentencing order contained an arithmetic error in calculating fines and costs.…

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Opinion of the Court
Traver

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

ALEX MICHAEL PALOMINO,

Appellant,

v. Case No. 5D19-2463

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed May 1, 2020

Appeal from the Circuit Court for Lake County, James R. Baxley , Judge.

James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm this appeal filed pursuant to Anders v. California, 386 U.S. 738 (1967). However, we remand to allow the trial court to correct a scrivener’s error in the order on fines and costs, erroneously reflecting a total of $2,141.50 in costs when the correct figure is actually $1,791.50. See Skinner v. State, 155 So. 3d 497 (Fla. 5th DCA 2015). AFFIRMED and REMANDED for correction of scrivener’s error. ORFINGER, WALLIS and TRAVER, JJ., concur.


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