Abigail Seane Hennington v. State of Florida

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Chird District Court of Appeal

State of Florida

Opinion filed December 10, 2025.
Not final until disposition of timely filed motion for rehearing.

No. 3D24-0954
Lower Tribunal No. F23-482

Abigail Seane Hennington,
Appellant,

VS.

State of Florida,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Teresa
Pooler, Judge.

Carlos J. Martinez, Public Defender, and Nicholas A. Lynch, Assistant
Public Defender, for appellant.

James Uthmeier, Attorney General, and Sandra Lipman, Senior
Assistant Attorney General, for appellee.

Before FERNANDEZ, LINDSEY and MILLER, JJ.

ON CONFESSION OF ERROR
PER CURIAM.
Abigail 	Seane 	Hennington 	appeals 	from 	the 	final 	judgment 	and
sentence imposed after her plea of guilty in the trial court. 	Specifically,
Hennington claims that after her open plea to the court, the trial court
imposed a sentence but failed to award the credit for time served to which
she was entitled.
After the imposition of sentence, counsel for the appellant filed a
motion to correct the sentencing error, seeking relief on the following issues:
Specifically, she asks this Court to: (1) award one additional day
of jail credit that was erroneously omitted from the sentencing
order, (2) correct a scrivener’s error in the sentencing order,
which 	erroneously 	suggests 	that 	the 	Court 	imposed 	GPS
monitoring as a condition of probation, and (3) enter a written
order of probation and community control that conforms with the
Court’s oral pronouncement at sentencing.
The trial court did not rule on the motion to correct sentencing error,
and 	the 	motion 	is 	therefore 	deemed 	denied. 	See 	Fla. 	R. 	Crim. 	P.
3.800(b)(2)(B); Mesa v. State, 355 So. 3d 549, 550-51 (Fla. 3d DCA 2023).
The State commendably concedes error on all claims, and we agree.
Accordingly, we reverse and remand with instruction to enter a corrected
sentencing order on the three issues that were raised on appeal as iterated
above.

Reversed and remanded with instructions.