Brian Allen Craig v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: June 20, 2018
• Docket: 17-5060
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D17-5060 _____________________________

BRIAN ALLEN CRAIG,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Alachua County. Phillip A. Pena, Judge.

June 20, 2018

PER CURIAM.

We affirm the revocation of the Appellant’s probation and the resulting sentence, but we remand for correction of a scrivener’s error. The trial court orally awarded credit for time served, but the sentencing documents do not reflect that award. The court should correct the written documents to comport with the oral pronouncement. See Powell v. State, 223 So. 3d 412, 414 (Fla. 5th DCA 2017) (affirming the defendant’s convictions and sentences, but remanding for the correction of a scrivener’s error where the written sentence did not comport with the oral pronouncement of sentence).

AFFIRMED and REMANDED for correction of a scrivener’s error. MAKAR, WINOKUR, and WINSOR, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.