Legal Opinion

Auriemma v. State

District Court of Appeal of Florida

Decided April 24, 2015No. 5D14-3377Published

1Per curiam

In this Anders1 appeal, we affirm the judgments and sentences. However, our independent review of the record, pursuant to State v. Causey, 503 So.2d 321 (Fla.1987), revealed a scrivener’s error. In Case No. 2013-102199-CF, the trial judge orally sentenced Appellant to serve eight years in the Department of Corrections to be followed by two years of drug offender probation for Count I, dealing in stolen property. However, while the written sentence on this count imposed the eight-year incarceration sentence, it made no mention of the probationary sentence.

“A written sentence that conflicts…

2Cases cited5 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. State v. CauseySupreme Court of Florida · 1987
  3. Williams v. StateSupreme Court of Florida · 2007
  4. Beard v. StateDistrict Court of Appeal of Florida · 2010
  5. Dunbar v. StateDistrict Court of Appeal of Florida · 2010

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