GALVIN v. STATE (2023)

In this timely Anders ¹ appeal, Tina Galvin challenges her conviction and sentence for one count of driving under the influence. We affirm the 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.

FOOTNOTES

1.   Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); see also In re Anders Briefs, 581 So. 2d 149 (Fla. 1991).

KHOUZAM, Judge.

VILLANTI and ATKINSON, JJ., Concur.