Public-domain · open source
OpenJurist

562 So. 2d 452

Brister v. State

District Court of Appeal of Florida · decided 1990-06-28

Relies on 531 So. 2d 161 - Poore v. State · 394 So. 2d 225 - Wallace v. State · 542 So. 2d 1066 - State v. Damico

Decided 1990-06-28

DANIEL, Chief Judge.

¶1Appellant seeks correction of a scrivener’s error existing in the probation order entered after the oral pronouncement of the sentence by the trial court. Following a plea of nolo contendere to two counts of grand theft, the appellant was sentenced to 2 years incarceration followed by 2 years probation on one count and 2 years probation on the other count.

¶2The probation order prepared following the oral pronouncement of the sentence indicated that appellant was to be committed to the Department of Corrections for a term of 4V2 years instead of the 4 years pronounced by the court.1 The state concedes this scrivener’s error.

¶3Accordingly, the probation order in Circuit Court Case No. 89-3441 is modified to show that the total of the probationary *453split sentence is 4 years rather than 4¾⅛ years. Cf. Nobile v. State, 542 So.2d 1066 (Fla. 5th DCA 1989); Wynn v. State, 394 So.2d 225 (Fla. 5th DCA 1981).

¶4As corrected, the judgment and sentence and probation orders are affirmed.

DAUKSCH and COWART, JJ., concur.

¶5. The probation order erroneously suggests that the appellant received a "true split sentence" rather than a “probationary split sentence.” See Poore v. State, 531 So.2d 161 (Fla.1988).

/562/so2d/452 · .json · Public domain