RICHARD V. FLETCHER
v.
STATE OF FLORIDA
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Richard Fletcher appeals the judgment revoking his probation for lewd or lascivious molestation. The court affirms the revocation but remands to correct the final order, which mistakenly listed condition 18 instead of condition 29 among the violated probation conditions.
The court affirmed Fletcher's conviction and sentence as the plea form correctly identified the violated conditions (9 twice and 29), and Fletcher's admission was valid despite documentary discrepancies. However, the court remanded for entry of a corrected final order reflecting the actual conditions violated (9, 9, and 29, not 9, 18, and 29).
[1] A court may affirm a judgment and sentence while remanding for correction of an order to accurately reflect the conditions of probation that were violated.
[2] A defendant's admission to violating specific conditions of probation, as reflected in a plea form and colloquy, may be upheld even if the final order contains discrepanc…
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Join FLexlaw to unlock all legal intelligence“Fletcher's plea form correctly identified that Fletcher admitted violating conditions 9 (twice) and 29, but the amended final order stated that Fletcher admitted to violating conditions 9, 18, and 29.”
Identifies the core discrepancy between what Fletcher actually admitted and what the final order recorded
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Join FLexlaw to unlock all legal intelligenceFletcher was on probation for two convictions of lewd or lascivious molestation. The probation officer alleged violations of conditions 9 and 18, but …
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COHEN, J.
In this Anders 1 proceeding, Richard Fletcher appeals the judgment and sentence entered following his admission to violating his probation. We affirm but remand for entry of a corrected order accurately reflecting the conditions of probation Fletcher violated. 1 Anders v. California, 386 U.S. 738 (1967).
Fletcher was on probation for two convictions of lewd or lascivious molestation. In the amended affidavit of violation of probation, the probation officer alleged that Fletcher committed two violations of condition 9 by failing to comply with his instructions, and one violation of condition 18 by failing to follow the rules of electronic monitoring. However, in his explanation of the violations, the probation officer alleged Fletcher violated condition 29, which is the actual condition related to Fletcher’s electronic monitoring. 2 Fletcher executed a plea form, admitting two violations of condition 9 and one violation of condition 29. During the course of the plea colloquy, the trial court inquired:
This is a [sic] admission of violation of multiple conditions on an amended affidavit of violation. It’s a Condition 18, a Condition 9, a Condition 29, two other Condition 9s. And you are admitting to those conditions; you understand that?
Fletcher answered affirmatively.
The discrepancy between the executed plea form and the trial court’s inquiry is understandable, considering the mistakes in the amended affidavit of violation of probation. 3 Fletcher’s plea form correctly identified that Fletcher admitted violating conditions 9 (twice) and 29, but the amended final order stated that Fletcher admitted to violating conditions 9, 18, and 29. Thus, we affirm Fletcher’s conviction and sentence, but remand for entry of a corrected order. See Campbell v. State, 972 So. 2d 263 (Fla. 5th 2 Condition 18 prohibited Fletcher from having contact with the victim of the underlying convictions unless certain circumstances were met. 3 In addition to the errors related to the alleged violations, the probation officer stated that Fletcher had a third, non-existent underlying conviction of lewd or lascivious molestation. Nonetheless, the amended final order correctly reflected that Fletcher had only two convictions of lewd or lascivious molestation. 2 DCA 2008) (affirming order revoking probation but remanding for entry of order reflecting correct grounds for revocation).
AFFIRMED; REMANDED with instructions.
LAMBERT and EDWARDS, JJ., concur. 3
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Campbell v. State, 972 So. 2d 263 (Fla. 5th DCA 2008)