Opinion
1D21-3747
09-06-2023
Sanieca L Davis, Appellant, v. State of Florida, Appellee.
Jessica J. Yeary, Public Defender, and Kathryn Lane, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Robert Charles Charlie Lee, Assistant Attorney General, for Appellee. .
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from the Circuit Court for Leon County. Francis J. Allman, Jr., Judge.
Jessica J. Yeary, Public Defender, and Kathryn Lane, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Robert Charles "Charlie" Lee, Assistant Attorney General, for Appellee.
PER CURIAM.
Sanieca Davis appeals her convictions and sentences for grand theft over $20,000 and for criminal use of personal identification information where the victim was older than sixty years of age. We find no reversible error and affirm. We write only to address a scrivener's error in the order of probation. See Ashley v. State, 850 So.2d 1265, 1268 n.3 (Fla. 2003) (defining a scrivener's error as a written clerical error that is not "the result of a judicial determination or error"). Relevant here, the circuit court granted Davis's motion to correct illegal sentence to strike the restitution award. Yet the order of probation was never corrected to reflect this ruling. Davis argues, and the State properly concedes, that the restitution award must be stricken from the order of probation to conform to the circuit court's prior order.
On remand, the circuit court shall order the Department of Corrections to correct the order of probation as it relates to restitution. Davis need not be present for this ministerial correction to the order of probation.
AFFIRMED and REMANDED for correction of order of probation.
ROBERTS, RAY, and MK THOMAS, JJ, concur.