Opinion
4D2022-2954
10-04-2023
KRISTI LEAH DOLL, Appellant, v. STATE OF FLORIDA, Appellee.
Carey Haughwout, Public Defender, and Robert Gerald Porter, Assistant Public Defender, West Palm Beach, for appellant. Ashley Moody, Attorney General, Tallahassee, and Kimberly Acuna, Assistant Attorney General, West Palm Beach, for appellee.
Not final until disposition of timely filed motion for rehearing.
Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; John J. Parnofiello, Judge; L.T. Case No. 50-2022-MM-005383-AXXX-MB.
Carey Haughwout, Public Defender, and Robert Gerald Porter, Assistant Public Defender, West Palm Beach, for appellant.
Ashley Moody, Attorney General, Tallahassee, and Kimberly Acuna, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM
Appellant appeals the judgment and sentence entered against her for misdemeanor domestic battery, arguing the trial court erred by (1) denying her motion for judgment of acquittal, and (2) signing a sentencing order containing a scrivener's error imposing $100 as cost of prosecution after the trial court announced at sentencing the cost of prosecution would be $50. We affirm as to the first issue without discussion. As the State concedes error on the second issue, we reverse and remand for the trial court to perform the ministerial act of entering a corrected written sentence which reduces the cost of prosecution from $100 to the statutory minimum of $50.
Affirmed in part, reversed in part, and remanded.
CIKLIN, LEVINE and CONNER, JJ, concur