Florida District Courts of Appeal, 2018

Roberts v. State

Florida District Courts of Appeal · Decided August 31, 2018

252 So. 3d 424 (Southern Reporter, Third Series)

Cases that cite this one

4 later published cases cite this decision.

Willie E. Walker v. State of Florida (Fla. Dist. Ct. App. 2024)
PAMELA STORMS vs STATE OF FLORIDA (Fla. Dist. Ct. App. 2022)
DAVID AUBREY BARBER vs STATE OF FLORIDA (Fla. Dist. Ct. App. 2022)
LAWRENCE HENRY HUNT vs STATE OF FLORIDA (Fla. Dist. Ct. App. 2022)

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

PER CURIAM.

In this Anders 1 appeal, we affirm the judgment and sentences. However, the order of probation contains a scrivener's error. Concerning count two, the trial court orally pronounced a sentence of 36 months in prison, followed by 24 months of probation. The written sentence reflects that sentence, but the order of probation states, "[t]he court hereby stays and withholds the imposition of sentence as to count ... two and places the defendant on probation for a period of twenty-four (24) months."

Accordingly, we remand for the trial court to correct this scrivener's error in the order of probation. See King v. State, 201 So.3d 206 (Fla. 1st DCA 2016) (affirming an Anders appeal but remanding for the trial court to correct a scrivener's error).

AFFIRMED and REMANDED with instructions.

PALMER, EDWARDS and EISNAUGLE, JJ., concur.

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967)

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