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Brian Allen Craig v. State of Florida, 17-5060 (2018)

Court: District Court of Appeal of Florida Number: 17-5060 Visitors: 10
Filed: Jun. 20, 2018
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-5060 _ BRIAN ALLEN CRAIG, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Alachua County. Phillip A. Pena, Judge. June 20, 2018 PER CURIAM. We affirm the revocation of the Appellant’s probation and the resulting sentence, but we remand for correction of a scrivener’s error. The trial court orally awarded credit for time served, but the sentencing documents do not reflect that award. The court should corre
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          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                  _____________________________

                          No. 1D17-5060
                  _____________________________

BRIAN ALLEN CRAIG,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                  _____________________________


On appeal from the Circuit Court for Alachua County.
Phillip A. Pena, Judge.

                           June 20, 2018


PER CURIAM.

     We affirm the revocation of the Appellant’s probation and the
resulting sentence, but we remand for correction of a scrivener’s
error. The trial court orally awarded credit for time served, but the
sentencing documents do not reflect that award. The court should
correct the written documents to comport with the oral
pronouncement. See Powell v. State, 
223 So. 3d 412
, 414 (Fla. 5th
DCA 2017) (affirming the defendant’s convictions and sentences,
but remanding for the correction of a scrivener’s error where the
written sentence did not comport with the oral pronouncement of
sentence).

    AFFIRMED and REMANDED for correction of a scrivener’s error.
MAKAR, WINOKUR, and WINSOR, JJ., concur.

                _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Andy Thomas, Public Defender, and Steven L. Seliger, Assistant
Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.




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Source:  CourtListener

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