What did the court decide?

The court affirmed the revocation and sentence but sent the case back so the trial court can fix a clerical mistake in the written sentence.

Who is affected by this decision?

Appellant Clifton Cinamon is directly affected because his written judgment must be corrected to match the oral sentence.

The trial court will enter a corrected written sentence reflecting the orally pronounced 56.7 months; this is a ministerial correction.

Does the defendant need to appear for the correction?

No. The court said the correction is ministerial, so the defendant need not be present.

Can this ruling be appealed further?

The opinion notes the decision is not final until disposition of any timely and authorized motion under the Florida appellate rules; further appeal options depend on those rules and any motions filed.

Clifton Cinamon v. State of Florida

Docket 5D2025-3361

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Criminal Appeal

Filed: Apr 24, 2026 · 1 week ago
Jurisdiction: Florida
Court: District Court of Appeal of Florida
Type: Opinion
Case type: Criminal Appeal
Docket: 5D2025-3361

Appeal from the circuit court's revocation of community control and imposition of sentence in a criminal case

Summary

The Fifth District Court of Appeal affirmed an Anders appeal by Clifton Cinamon challenging the revocation of his community control and the subsequent sentence. The court found no reversible error in the appeal but identified a clerical mistake: the written sentence states 56.750 months, while the oral pronouncement was 56.7 months. Because the orally pronounced sentence controls, the court remanded for the trial court to correct the scrivener's error in the written judgment. The correction is ministerial and does not require the defendant's presence.

Issues Decided

Whether the Anders brief demonstrates any arguable appellate issues warranting reversal
Whether a discrepancy between an oral sentence and the written sentence requires correction

Court's Reasoning

The court treated the appeal under Anders and found no merits warranting reversal, so the judgment was affirmed. The court relied on the rule that an oral pronouncement of sentence controls over any inconsistent written judgment; because the written sentence incorrectly listed 56.750 months instead of the orally pronounced 56.7 months, the discrepancy is a scrivener's error. Because correction is ministerial, the trial court must amend the written sentence and the defendant need not be present.

Authorities Cited

Anders v. California386 U.S. 738 (1967)
Bennett v. State418 So. 3d 813 (Fla. 5th DCA 2025)
Walker v. State393 So. 3d 274 (Fla. 5th DCA 2024)

Parties

Appellant: Clifton Cinamon
Appellee: State of Florida
Judge: Stephen George Henderson

Key Dates

Decision date: 2026-04-24

What You Should Do Next

1
Trial court to correct written sentence
The trial court should prepare and enter a corrected written judgment that reflects the orally pronounced sentence of 56.7 months.
2
Notify counsel of correction
Defense and prosecution counsel should be notified of the corrected order and provided a copy for their records.
3
Consider post-judgment motions if appropriate
If either party believes other errors exist, they may file timely and authorized motions under the Florida Rules of Appellate Procedure.

Frequently Asked Questions

What did the court decide?: The court affirmed the revocation and sentence but sent the case back so the trial court can fix a clerical mistake in the written sentence.
Who is affected by this decision?: Appellant Clifton Cinamon is directly affected because his written judgment must be corrected to match the oral sentence.
What happens next?: The trial court will enter a corrected written sentence reflecting the orally pronounced 56.7 months; this is a ministerial correction.
Does the defendant need to appear for the correction?: No. The court said the correction is ministerial, so the defendant need not be present.
Can this ruling be appealed further?: The opinion notes the decision is not final until disposition of any timely and authorized motion under the Florida appellate rules; further appeal options depend on those rules and any motions filed.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

FIFTH DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                  _____________________________

                      Case No. 5D2025-3361
                 LT Case No. 05-2025-CF-019008-A
                  _____________________________

CLIFTON CINAMON,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                  _____________________________

On appeal from the Circuit Court for Brevard County.
Stephen George Henderson, Judge.

Matthew J. Metz, Public Defender, and William E. Partington,
III, Assistant Public Defender, Daytona Beach, for Appellant.

James Uthmeier, Attorney General, Tallahassee, and Kurt T.
Koehler, Assistant Attorney General, Daytona Beach, for
Appellee.

                          April 24, 2026

PER CURIAM.

     We affirm this Anders1 appeal in all respects but remand with
instructions to correct a scrivener’s error in the written sentence.
The trial court revoked Appellant’s community control and
sentenced him to serve 56.7 months in the Department of


    1. Anders v. California, 386 U.S. 738 (1967).
Corrections, but the written sentence incorrectly reflects a prison
term of 56.750 months. Because a “court’s oral pronouncement
controls over the written sentence,” we remand for the court to
correct the scrivener’s error in the written sentence. Bennett v.
State, 418 So. 3d 813, 813 (Fla. 5th DCA 2025); see Walker v. State,
393 So. 3d 274, 275 (Fla. 5th DCA 2024) (“It is well-settled law that
the oral pronouncement of the sentence controls over a written
order or sentence that differs.”); Crenshaw v. State, 338 So. 3d 425,
425 (Fla. 5th DCA 2022) (affirming Anders appeal but remanding
to correct a scrivener’s error imposing a ten-year minimum-
mandatory sentence, which conflicted with the oral
pronouncement of three years). Correction of this error is a
ministerial act, so Appellant need not be present. See Crenshaw,
338 So. 3d at 425.

    AFFIRMED and REMANDED for entry of a corrected order.

WALLIS, KILBANE, and MACIVER, JJ., concur.




                                 2
           ____________________________

Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
           _____________________________




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