Florida District Courts of Appeal, 2006

Wimmer v. State

Wimmer v. State
Florida District Courts of Appeal · Decided August 30, 2006 · Altenbernd, Davis, Kelly
936 So. 2d 769; 2006 Fla. App. LEXIS 14427; 2006 WL 2489286 (Southern Reporter, Second Series)

Wimmer v. State

Opinion of the Court

PER CURIAM.

Richard Thomas Wimmer appeals a judgment and sentence for felony DUI and driving while license suspended. We affirm the judgment and sentences without further comment, but remand for a correction of a scrivener’s error in the sentence for felony DUI. Although the trial court orally imposed a sentence of three years’ probation, a special condition of which was that Mr. Wimmer serve nine months of that term in jail, the written sentence reflects a sentence of nine months in jail followed by three years of probation.

Affirmed; sentence for felony DUI remanded to correct scrivener’s error.

ALTENBERND, DAVIS, and KELLY, JJ., Concur.

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