Legal Opinion

Roberts v. State

District Court of Appeal of Florida

Decided August 31, 2018No. Case No. 5D18-95PublishedCited by 4 opinions

1Per 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…

2Cases cited2 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. King v. StateDistrict Court of Appeal of Florida · 2016

3Cited by4 opinions

  1. DAVID AUBREY BARBER vs STATE OF FLORIDADistrict Court of Appeal of Florida · 2022
  2. LAWRENCE HENRY HUNT vs STATE OF FLORIDADistrict Court of Appeal of Florida · 2022
  3. PAMELA STORMS vs STATE OF FLORIDADistrict Court of Appeal of Florida · 2022
  4. Willie E. Walker v. State of FloridaDistrict Court of Appeal of Florida · 2024

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