WILLIAM DOUGLAS BURGIN JR
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-08-14
No. 18-4638
Florida District Court of Appeal, First District (2019)

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Holding

A trial court's failure to include in the written judgment costs orally imposed at sentencing constitutes a scrivener's error remediable on appeal.


Headnotes

[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…

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Key Quotes

“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.

Facts & Procedural History

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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Opinion of the Court

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.


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