Florida District Courts of Appeal, 1990

Brister v. State

Florida District Courts of Appeal · Decided June 28, 1990 · Cowart, Daniel, Dauksch

562 So. 2d 452; 1990 Fla. App. LEXIS 4566; 1990 WL 86938 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Rosado v. State (Fla. Dist. Ct. App. 1993)
Brown v. State (Fla. Dist. Ct. App. 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DANIEL, Chief Judge.

Appellant 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.

The 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.

Accordingly, 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).

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

DAUKSCH and COWART, JJ., concur.

. 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).

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