The concept of “scrivener’s error” is certainly applicable to the legal system, although it’s not especially technical. In fact, it’s known by most as a “typo.” Courts systems require human labor to draft legislation, motions, and written judgments, so sometimes mistakes are made. In the criminal law context, the omission of a word or phrase can lead to unintended consequences. Fortunately, there’s a mechanism for addressing scrivener’s error in trial court decisions. In fact, the appellate court for the Second District addressed this issue in a recent Florida burglary case, Morgan v. State.
Florida appeals court decisions in criminal cases show that scrivener’s error is not uncommon and can lead to significant changes to a judgment entered against a defendant. In 2004, the Second District Court of Appeals decided a case in which the trial court orally imposed concurrent sentences of 10 years’ imprisonment. The written judgment, however, reflected consecutive sentences for a total of 20 years’ imprisonment. Moreover, in 2010, the First District Court of Appeals decided a case in which the defendant had been found guilty of a violation of his probation for “not possessing any firearm or weapon.” However, the defendant was only convicted of marijuana possession, and no gun was present. The appeals court ruled that this was a scrivener’s error and that the defendant’s probation violation could not have been attributed to a gun crime. The Florida Rules of Criminal Procedure also allow for the modification of a sentence in order to correct a scrivener’s error, but only if the correction would benefit a criminal defendant.