Opinion
No. 2D22-1542.
04-12-2023
Tina GALVIN, Appellant, v. STATE of Florida, Appellee.
Howard L. Dimmig, II , Public Defender, and Cynthia J. Dodge , Assistant Public Defender, Bartow, for Appellant. Ashley Moody , Attorney General, Tallahassee, for Appellee.
Howard L. Dimmig, II , Public Defender, and Cynthia J. Dodge , Assistant Public Defender, Bartow, for Appellant.
Ashley Moody , Attorney General, Tallahassee, for Appellee.
KHOUZAM, Judge.
In this timely Anders appeal, Tina Galvin challenges her conviction and sentence for one count of driving under the influence. We affirm the judgment and sentence without comment but remand for correction of a scrivener's error.
Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); see also In re Anders Briefs, 581 So.2d 149 (Fla. 1991).
The written sentence does not comport with the oral pronouncement. The court orally pronounced a sentence of twelve months' probation, which is reflected in the written probation order. The written sentence, however, incorrectly reflects a sentence of six-months' probation.
Accordingly, we remand for correction of the written sentence to conform with the oral pronouncement. See, e.g., Devlin v. State, 224 So.3d 803, 804 (Fla. 2d DCA 2017) (affirming judgment and sentences but remanding for correction of scrivener's error "to ensure that the written sentence comports with the trial court's oral pronouncement"). As this correction is a ministerial act, Ms. Galvin's presence is not required. Id.
Affirmed; remanded to correct scrivener's error.
VILLANTI and ATKINSON, JJ., Concur.