CHARLES B. RIMMER
v.
STATE

Fla. 5th DCA | 2018-05-07
No. 17-3718
Lemonidis, J., Cohen, C.J., Palmer, J., Lambert, J.
Florida District Court of Appeal, Fifth District (2018)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

A trial court's summary denial of a motion for correction of jail credit is affirmed, but the judgment must be remanded to correct a clerical error in the jail credit calculation.


Headnotes

[1] A scrivener's error in a judgment awarding jail credit may be corrected on remand even when the underlying motion for correction is properly denied.

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Charles B. Rimmer appealed a trial court's order summarily denying his motion for correction of jail credit in a criminal case. The judgment and sente…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
S Error. Cohen

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CHARLES B. RIMMER,

Appellant,

v. Case No. 5D17-3718

STATE OF FLORIDA,

Appellee.

________________________________/ Opinion filed May 11, 2018

3.801 Appeal from the Circuit Court for Brevard County, Robin C. Lemonidis, Judge.

Charles B. Rimmer, Orlando, pro se.

No Appearance for Appellee.

PER CURIAM.

We affirm the trial court's order summarily denying the defendant's Motion for Correction of Jail Credit. See Fla. R. Crim. P. 3.801. However, we remand for the trial court to correct a scrivener's error in the judgment and sentence in case number 2015-CF-52882, inasmuch as they incorrectly award 368, instead of 378, days of jail credit. AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENER’S ERROR.

COHEN, C.J., PALMER and LAMBERT, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus

Full citator, related cases, and AI research tools

Open in FLexlaw