Wimmer v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT RICHARD THOMAS WIMMER, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D05-4682 Opinion filed August 30, 2006. Appeal from the Circuit Court for Pinellas County; Shawn Crane, Acting Circuit Judge. James Marion Moorman, Public Defender, and Andrea S. Manthorne, Special Assistant Public Defender, Bartow, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Tiffany Gatesh Fearing, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Richard Thomas Wimmer appeals a judgment and sentence for felony DUI and driving while license suspended. We affirm the judgment and sentences without further comment, but remand for a correction of a scrivener's error in the sentence for felony DUI. Although the trial court orally imposed a sentence of three years' probation, a special condition of which was that Mr. Wimmer serve nine months of that term in jail, the written sentence reflects a sentence of nine months in jail followed by three years of probation. Affirmed; sentence for felony DUI remanded to correct scrivener's error. ALTENBERND, DAVIS, and KELLY, JJ., Concur. -2-

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