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Marcus v. State

District Court of Appeal of Florida, Second District
Jun 15, 1990
561 So. 2d 1367 (Fla. Dist. Ct. App. 1990)

Opinion

No. 87-02579.

June 15, 1990.

Appeal from the Circuit Court for Manatee County; Frederick DeFuria, Acting Circuit Judge.

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellee.


We affirm Marcus' convictions but remand for a correction of the sentence for possession of drug paraphernalia.

The state concedes that a scrivener's error appears in Marcus' sentence on the charge of possession of drug paraphernalia, in that the space indicating credit for time served as to that count was inadvertently left blank. Therefore, we remand the case solely for the trial court to make that correction of the sentence. The presence of defendant is not necessary.

The convictions are affirmed with directions to correct a scrivener's error in the sentence.

CAMPBELL, C.J., and SCHEB and PARKER, JJ., concur.


Summaries of

Marcus v. State

District Court of Appeal of Florida, Second District
Jun 15, 1990
561 So. 2d 1367 (Fla. Dist. Ct. App. 1990)
Case details for

Marcus v. State

Case Details

Full title:BENJAMIN MARCUS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 15, 1990

Citations

561 So. 2d 1367 (Fla. Dist. Ct. App. 1990)