STEPHANIE D. MARSHALL
v.
STATE OF FLORIDA
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A trial court must correct errors in a probation order by delineating each cost with statutory authority, eliminating improper fees, and correcting scrivener's errors regarding offenses of conviction.
[1] A trial court must delineate each cost imposed in a probation order with reference to appropriate statutory authority and must eliminate improper fees such as public defe…
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Join FLexlaw to unlock all legal intelligenceStephanie D. Marshall was convicted and sentenced to probation. The trial court's probation order contained errors: costs were not delineated with sta…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D19-12 _____________________________
STEPHANIE D. MARSHALL,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Dixie County. Jennifer Johnson, Judge.
March 18, 2021
PER CURIAM.
Stephanie D. Marshall appeals her judgment and sentence, which we affirm. She further contends that trial court erred by failing to correct errors in the order of probation. In her motion to correct illegal sentence, Marshall argued that the trial court failed to delineate each cost with reference to appropriate statutory authority; to eliminate the $500 public defender fee from the order; and to correct a scrivener’s error regarding the offenses of conviction. The State concedes these errors require reversal and remand. Accordingly, we affirm Appellant’s judgment and sentence, but remand with instruction to enter a corrected order. Appellant’s presence is not required because the correction of a scrivener’s error is a ministerial act. See Wolcoff v. State, 197 So. 3d 111, 112 (Fla. 1st DCA 2016).
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Jessica J. Yeary, Public Defender, and Steven L. Seliger and Kathryn Lane, Assistant Public Defenders, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Tabitha Rae Herrera, Assistant Attorney General, Tallahassee, for Appellee.