Wimmer v. State

District Court of Appeal of Florida

Wimmer v. State

936 So. 2d 769, 2006 Fla. App. LEXIS 14427, 2006 WL 2489286

District Court of Appeal of Florida·Decided August 30, 2006·No. No. 2D05-4682·Published

Opinion

PER CURIAM.

Richard Thomas Wimmer appeals a judgment and sentence for felony DUI and driving while license suspended. We affirm the judgment and sentences without further comment, but remand for a correction of a scrivener’s error in the sentence for felony DUI. Although the trial court orally imposed a sentence of three years’ probation, a special condition of which was that Mr. Wimmer serve nine months of that term in jail, the written sentence reflects a sentence of nine months in jail followed by three years of probation.

Affirmed; sentence for felony DUI remanded to correct scrivener’s error.

ALTENBERND, DAVIS, and KELLY, JJ., Concur.

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PER CURIAM.

Richard Thomas Wimmer appeals a judgment and sentence for felony DUI and driving while license suspended. We affirm the judgment and sentences without further comment, but remand for a correction of a scrivener’s error in the sentence for felony DUI. Although the trial court orally imposed a sentence of three years’ probation, a special condition of which was that Mr. Wimmer serve nine months of that term in jail, the written sentence reflects a sentence of nine months in jail followed by three years of probation.

Affirmed; sentence for felony DUI remanded to correct scrivener’s error.

ALTENBERND, DAVIS, and KELLY, JJ., Concur.

Wimmer v. State, 936 So. 2d 769, 2006 Fla. App. LEXIS 14427, 2006 WL 2489286 (Fla. Ct. App. 2006).

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