When someone is convicted and sentenced in a criminal case, the paperwork that records the outcome matters. The judgment and the probation order become the official account of what happened — what offense a person was found guilty of, and how that finding was reached.
Sometimes those documents contain simple clerical slips: a wrong label for an offense, or an incorrect note about how a case was resolved. These are not disputes about guilt or the length of a sentence. They are typographical or record-keeping errors on the face of official court documents.
A recent decision from Florida’s Sixth District Court of Appeal shows how these kinds of mistakes are handled on appeal. In Dalmas v. State, the court kept the convictions and sentences in place but sent the case back for narrow corrections to the written record.
Key Takeaway
An appeals court can affirm a conviction and sentence while still directing a trial court to fix clerical or “scrivener’s” errors in the written judgment and probation order.
What happened in this case?
The defendant appealed his convictions and sentences. The appeals court reviewed the case and affirmed — meaning the convictions and sentences themselves were left undisturbed.
At the same time, the court identified errors on the face of the written documents and remanded, or sent the case back, so the trial court could correct them.
What were the errors the court corrected?
The court pointed to two specific clerical problems in the paperwork:
- The offense label for one count read “possession of a weapon by a convicted felon” and needed to be changed to “possession of a weapon by a delinquent.”
- The probation order stated the defendant was found guilty by jury verdict, when he was actually found guilty by guilty plea.
These are corrections to how the outcome was recorded, not changes to the outcome itself.
How were the errors raised?
The errors were brought to the court’s attention through a motion to correct sentencing errors filed under Florida Rule of Criminal Procedure 3.800(b)(2). That rule provides a path for identifying and fixing certain sentencing-related errors.
Because the corrections were purely clerical, the court noted that the defendant did not need to be present when the trial court makes them.
What is a scrivener’s error?
In plain terms, a scrivener’s error is a clerical or typographical mistake in a court document — like a mislabeled offense or an incorrect description of how a case was decided — that does not reflect a dispute over the substance of the ruling.
Why does this matter to the public?
Court records follow a person long after a case ends. An inaccurate offense label or an incorrect note about how a conviction was reached can create confusion in later proceedings or record checks.
This decision illustrates that appellate courts can leave a conviction and sentence intact while still ensuring the official paperwork accurately reflects what occurred. Accuracy in the written record is treated as its own matter, separate from the merits of the case.
Disclaimer: This post is for general information only, is not legal advice, does not create an attorney-client relationship, and does not predict or guarantee any result. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before deciding, ask for free written information about the lawyer’s qualifications and experience.