MARSHALL v. STATE (2021)

District Court of Appeal of Florida, First District.

Stephanie D. MARSHALL, Appellant, v. STATE of Florida, Appellee.

No. 1D19-12

Decided: March 18, 2021

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.

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).

Per Curiam.

Lewis, Makar, and Long, JJ., concur.

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