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Marshall v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Mar 18, 2021
312 So. 3d 1072 (Fla. Dist. Ct. App. 2021)

Opinion

No. 1D19-12

03-18-2021

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

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.


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.

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.


Summaries of

Marshall v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Mar 18, 2021
312 So. 3d 1072 (Fla. Dist. Ct. App. 2021)
Case details for

Marshall v. State

Case Details

Full title:STEPHANIE D. MARSHALL, Appellant, v. STATE OF FLORIDA, Appellee.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Mar 18, 2021

Citations

312 So. 3d 1072 (Fla. Dist. Ct. App. 2021)