Hamblin v. State

District Court of Appeal of Florida

Hamblin v. State

159 So. 3d 382, 2015 Fla. App. LEXIS 3587, 2015 WL 1071064

CourtDistrict Court of Appeal of Florida

DecidedMarch 13, 2015

DocketNo. 5D14-1966

StatusPublished

This text of 159 So. 3d 382 (Hamblin v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hamblin v. State, 159 So. 3d 382, 2015 Fla. App. LEXIS 3587, 2015 WL 1071064 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Larry Hamblin appeals his judgment and sentence entered on his violation of probation (VOP) adjudication. He was adjudicated guilty of possessing a firearm as a convicted felon and sentenced to 10 years’ imprisonment. We find no reversible error. However, the sentencing document contains a scrivener’s error, rendering it inconsistent with the trial court’s oral pronouncement. During sentencing, the trial court imposed a $100.00 public defender fee, but the written “Order Revoking Probation” and the order on “Charges/Costs/Fees” both reflect a $200.00 public defender fee. Therefore, we affirm Hamblin’s judgment and sentence, but remand with instructions to correct the scrivener’s error. See Garcia v. State, 148 So.3d 848 (Fla. 5th DCA 2014); Croskey v. State, 71 So.3d 199 (Fla. 5th DCA 2011).

AFFIRMED; REMANDED with instructions.

PALMER, ORFINGER and BERGER, JJ., concur.

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PER CURIAM.

Larry Hamblin appeals his judgment and sentence entered on his violation of probation (VOP) adjudication. He was adjudicated guilty of possessing a firearm as a convicted felon and sentenced to 10 years’ imprisonment. We find no reversible error. However, the sentencing document contains a scrivener’s error, rendering it inconsistent with the trial court’s oral pronouncement. During sentencing, the trial court imposed a $100.00 public defender fee, but the written “Order Revoking Probation” and the order on “Charges/Costs/Fees” both reflect a $200.00 public defender fee. Therefore, we affirm Hamblin’s judgment and sentence, but remand with instructions to correct the scrivener’s error. See Garcia v. State, 148 So.3d 848 (Fla. 5th DCA 2014); Croskey v. State, 71 So.3d 199 (Fla. 5th DCA 2011).

AFFIRMED; REMANDED with instructions.

PALMER, ORFINGER and BERGER, JJ., concur.

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Bluebook (online)

159 So. 3d 382, 2015 Fla. App. LEXIS 3587, 2015 WL 1071064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamblin-v-state-fladistctapp-2015.

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