Opinion
Case No. 4D02-2999.
Opinion filed September 3, 2003.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Steven J. Levin, Judge; L.T. Case No. 00-1341-CF A.
Carey Haughwout, Public Defender, and James W. McIntire, Assistant Public Defender, West Palm Beach, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.
The defendant appeals an order entered after an evidentiary hearing on a violation of probation. During the pendency of this appeal, the defendant filed a motion to correct certain technical errors in the sentencing order, pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). The court denied the motion. Defense counsel has now raised these errors in this appeal. The State agrees that the sentencing order needs correction. We therefore remand the case to the trial court for correction of the following technical errors.
First, the trial court failed to enter a written sentencing order on count two after making its oral pronouncement. Second, the order refers to the original sentence on count two as "two years probation" instead of correctly reflecting the one year term imposed by the court. Third, the order refers to the substantive violation as having occurred on May 23, 2001, when it occurred on February 2, 2002. The case is remanded for the trial court to correct these errors. See Fla.R.App.P. 9.110(b), 9.020(g); Marinelli v. State, 706 So.2d 1374 (Fla. 2d DCA 1998); McBride v. State, 655 So.2d 239 (Fla. 4th DCA 1995).
STEVENSON, MAY, JJ., and CHAVIES, MICHAEL B., Associate Judge, concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.