Brister v. State

562 So. 2d 452, 1990 Fla. App. LEXIS 4566, 1990 WL 86938

• Court: District Court of Appeal of Florida
• Decided: June 28, 1990
• Docket: No. 89-1828
• Status: Published

Opinion

DANIEL, Chief Judge.

Appellant seeks correction of a scrivener’s error existing in the probation order entered after the oral pronouncement of the sentence by the trial court. Following a plea of nolo contendere to two counts of grand theft, the appellant was sentenced to 2 years incarceration followed by 2 years probation on one count and 2 years probation on the other count.

The probation order prepared following the oral pronouncement of the sentence indicated that appellant was to be committed to the Department of Corrections for a term of 4V2 years instead of the 4 years pronounced by the court.¹ The state concedes this scrivener’s error.

Accordingly, the probation order in Circuit Court Case No. 89-3441 is modified to show that the total of the probationary split sentence is 4 years rather than 4¾⅛ years. Cf. Nobile v. State, 542 So.2d 1066 (Fla. 5th DCA 1989); Wynn v. State, 394 So.2d 225 (Fla. 5th DCA 1981).

As corrected, the judgment and sentence and probation orders are affirmed.

DAUKSCH and COWART, JJ., concur.

1 . The probation order erroneously suggests that the appellant received a "true split sentence" rather than a “probationary split sentence.” See Poore v. State, 531 So.2d 161 (Fla.1988).