Tina Galvin v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledApril 12, 2023
Docket2D22-1542
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
TINA GALVIN,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D22-1542
April 12, 2023
Appeal from the County Court for Manatee County; Jacqueline B. Steele,
Judge.
Howard L. Dimmig, II, Public Defender, and Cynthia J. Dodge, Assistant
Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
KHOUZAM, Judge.
In this timely Anders1 appeal, Tina Galvin challenges her conviction
and sentence for one count of driving under the influence. We affirm the
1 Anders v. California, 386 U.S. 738 (1967); see also In re Anders
Briefs, 581 So. 2d 149 (Fla. 1991).
judgment and sentence without comment but remand for correction of a
scrivener's error.
The written sentence does not comport with the oral
pronouncement. The court orally pronounced a sentence of twelve
months' probation, which is reflected in the written probation order. The
written sentence, however, incorrectly reflects a sentence of six-months'
probation.
Accordingly, we remand for correction of the written sentence to
conform with the oral pronouncement. See, e.g., Devlin v. State, 224 So.
3d 803, 804 (Fla. 2d DCA 2017) (affirming judgment and sentences but
remanding for correction of scrivener's error "to ensure that the written
sentence comports with the trial court's oral pronouncement"). As this
correction is a ministerial act, Ms. Galvin's presence is not required. Id.
Affirmed; remanded to correct scrivener's error.
VILLANTI and ATKINSON, JJ., Concur.
__________________________
Opinion subject to revision prior to official publication.
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