WILLIAM DOUGLAS BURGIN JR
v.
STATE OF FLORIDA
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A trial court's failure to include in the written judgment costs orally imposed at sentencing constitutes a scrivener's error remediable on appeal.
[1] A trial court's oral pronouncement of sentence, including costs, that is omitted from the written judgment constitutes a scrivener's error remediable through remand for c…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a scrivener's error as a written clerical error that is not 'the result of a judicial determination or error'”
The court cited Ashley v. State to define the scope of correctable scrivener's errors.
After revoking Mr. Burgin's probation, the trial court orally imposed $100 for the cost of prosecution and $150 for the cost of the public defender. H…
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in the order on fines and costs in an Anders appeal); Rivera v. State, 117 So. 3d 449-50 (Fla. 2d DCA 2013) (remanding for correction of the written sentence to reflect the oral pronouncement).
Judgment AFFIRMED and cause REMANDED for correction of scrivener’s errors. RAY, C.J., and KELSEY and WINOKUR, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Columbus Rickey Ashley v. State, 850 So. 2d 1265 (Fla. 2003)
- Alton Jamal Rivera v. State, 117 So. 3d 449 (Fla. 2d DCA 2013)
- Alyssia Skinner v. State, 155 So. 3d 497 (Fla. 5th DCA 2015)