Summary
holding where scrivener's error is apparent from record, cause should be remanded for correction of sentencing order
Summary of this case from Fillyaw v. StateOpinion
Case No. 97-1387
Opinion filed February 18, 1998. JANUARY TERM 1998
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Robert Hawley, Judge; L.T. Case No. 96-986.
Richard L. Jorandby, Public Defender, and Margaret Good-Earnest and Christine Sciarrino, Assistant Public Defenders, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Melynda Melear, Assistant Attorney General, West Palm Beach, for appellee.
We affirm appellant's convictions and sentences for battery on a law enforcement officer, resisting an officer without violence and felony failure to appear before a court. The state concedes, and we agree, that the written order of probation and sentencing order contain scriveners errors which reflect that appellant was sentenced to nine months in county jail for possession of drug paraphernalia. The state nol prossed that charge. It is apparent from the sentencing hearing that the trial court intended to sentence appellant to nine months in county jail for his conviction of resisting an officer without violence. Therefore, we remand to correct the probation and sentencing orders.
AFFIRMED; REMANDED WITH DIRECTIONS.
GLICKSTEIN, DELL, and POLEN, JJ., concur.