Santamaria v. State

1 Citing case

  1. Stombaugh v. State

    704 So. 2d 723 (Fla. Dist. Ct. App. 1998)   Cited 5 times
    Finding a scrivener's error occurred where the State had nol prossed a count of the information as part of plea bargain but the written sentence reflected that the defendant was sentenced under that count

    Since it is unclear what the trial court or the defendant intended in this regard, we remand this cause for the purpose of allowing the court to address and clarify the discrepancies in the oral sentencing transcript, written sentence and the order of probation. See Driver v. State, 695 So.2d 1318 (Fla. 2d DCA 1997); Green v. State, 615 So.2d 823 (Fla. 4th DCA 1993); Santamaria v. State, 528 So.2d 941, 942 (Fla. 3d DCA 1988). Further, in case number 97-29, the written probation order erroneously states that Stombaugh pled nolo contendere to count II, and indicates he was sentenced to five years probation concurrent with count I.