Stephanie D. Marshall v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMarch 18, 2021
Docket1D19-0012
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-12
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STEPHANIE D. MARSHALL,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Dixie County.
Jennifer Johnson, Judge.
March 18, 2021
PER CURIAM.
Stephanie D. Marshall appeals her judgment and sentence,
which we affirm. She further contends that trial court erred by
failing to correct errors in the order of probation. In her motion to
correct illegal sentence, Marshall argued that the trial court failed
to delineate each cost with reference to appropriate statutory
authority; to eliminate the $500 public defender fee from the order;
and to correct a scrivener’s error regarding the offenses of
conviction. The State concedes these errors require reversal and
remand. Accordingly, we affirm Appellant’s judgment and
sentence, but remand with instruction to enter a corrected order.
Appellant’s presence is not required because the correction of a
scrivener’s error is a ministerial act. See Wolcoff v. State, 197 So.
3d 111, 112 (Fla. 1st DCA 2016).
LEWIS, MAKAR, and LONG, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jessica J. Yeary, Public Defender, and Steven L. Seliger and
Kathryn Lane, Assistant Public Defenders, Tallahassee, for
Appellant.
Ashley Moody, Attorney General, and Tabitha Rae Herrera,
Assistant Attorney General, Tallahassee, for Appellee.
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