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Clifton Cinamon, Appellant, v. State of Florida, Appellee.
We affirm this Anders 1 appeal in all respects but remand with instructions to correct a scrivener's error in the written sentence. The trial court revoked Appellant's community control and sentenced him to serve 56.7 months in the Department of Corrections, but the written sentence incorrectly reflects a prison term of 56.750 months. Because a “court's oral pronouncement controls over the written sentence,” we remand for the court to correct the scrivener's error in the written sentence. Bennett v. State, 418 So. 3d 813, 813 (Fla. 5th DCA 2025); see Walker v. State, 393 So. 3d 274, 275 (Fla. 5th DCA 2024) (“It is well-settled law that the oral pronouncement of the sentence controls over a written order or sentence that differs.”); Crenshaw v. State, 338 So. 3d 425, 425 (Fla. 5th DCA 2022) (affirming Anders appeal but remanding to correct a scrivener's error imposing a ten-year minimum-mandatory sentence, which conflicted with the oral pronouncement of three years). Correction of this error is a ministerial act, so Appellant need not be present. See Crenshaw, 338 So. 3d at 425.
Affirmed and Remanded for entry of a corrected order.
FOOTNOTES
1. Anders v. California, 386 U.S. 738 (1967).
Per Curiam.
Wallis, Kilbane, and MacIver, JJ., concur.
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Docket No: Case No. 5D2025-3361
Decided: April 24, 2026
Court: District Court of Appeal of Florida, Fifth District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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