Opinion
Case No. 2D18-3808
10-09-2020
Dejuan Keondrick DOZIER, Appellant, v. STATE of Florida, Appellee.
Howard L. Dimmig, II, Public Defender, and Carol J. Y. Wilson, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Peter N. Koclanes, Assistant Attorney General, Tampa, for Appellee.
Howard L. Dimmig, II, Public Defender, and Carol J. Y. Wilson, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Peter N. Koclanes, Assistant Attorney General, Tampa, for Appellee.
LaROSE, Judge.
Dejuan Keondrick Dozier appeals his judgment and sentences for criminal mischief, theft, and robbery. We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A) ; Fla. R. App. P. 9.140(b)(1)(A), (F). We affirm Mr. Dozier's judgment and sentences, but we remand for correction of the scrivener's error in the written sentence for count four.
At the sentencing hearing, the trial court sentenced Mr. Dozier to eight years in prison, followed by two years of probation for count four. The trial court entered a written order of probation for the same sentence. However, the trial court's April 17, 2019, written sentence on count four reflects a sentence of eight years in prison, followed by four years of probation.
Thus, we remand for the trial court to correct the written sentence of count four to comport with the oral pronouncement of eight years' imprisonment, followed by two years of probation. See Devlin v. State, 224 So. 3d 803, 804 (Fla. 2d DCA 2017) (remanding for correction of scrivener's error to align the written sentence with the controlling oral pronouncement). Mr. Dozier need not be present for the correction. See id. ("Because correction of these scrivener's errors is a ministerial act, Mr. Devlin's presence is not required.").
Affirmed; remanded to correct scrivener's error.
KHOUZAM, C.J., and SLEET, J., Concur.