From Casetext: Smarter Legal Research

Thomas v. State

District Court of Appeal of Florida, Second District
Nov 6, 1998
725 So. 2d 1148 (Fla. Dist. Ct. App. 1998)

Opinion

No. 96-05281

Opinion filed November 6, 1998.

Appeal from the Circuit Court for Hillsborough County; Diana M. Allen, Judge.

James Marion Moorman, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.


Tommy Thomas appeals the trial court's revocation of his probation and also seeks correction of a scrivener's error in the revocation order. The evidence presented at the revocation hearing supports the trial court's determination that Thomas wilfully violated his probation and, therefore, we affirm the revocation order. Because Thomas failed to seek correction of the scrivener's error in the trial court and because the error is not fundamental, he is precluded from raising this issue on appeal. See § 924.051, Fla. Stat. (Supp. 1996).

Affirmed.

BLUE, A.C.J., and FULMER and CASANUEVA, JJ., Concur.


Summaries of

Thomas v. State

District Court of Appeal of Florida, Second District
Nov 6, 1998
725 So. 2d 1148 (Fla. Dist. Ct. App. 1998)
Case details for

Thomas v. State

Case Details

Full title:TOMMY THOMAS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Nov 6, 1998

Citations

725 So. 2d 1148 (Fla. Dist. Ct. App. 1998)

Citing Cases

Maddox v. State

In a number of cases pending on review, the defendant claims that the written sentence is in error because it…

Carrion v. State

With the express approval of the supreme court, we have already answered that question in the negative with…