ALAIN RODRIGUEZ-ROIG
v.
STATE OF FLORIDA

Fla. 2d DCA | 2023-09-27
No. 2021-2996
Florida District Court of Appeal, Second District (2023)


Per_curiam
Per Curiam

PER CURIAM. We affirm the revocation of Alain Rodriguez-Roig's probation, but we remand for the trial court to correct a scrivener's error in the revocation order. The revocation order incorrectly states that Rodriguez-Roig admitted to violating condition five (nine counts) of his probation; the order should be corrected to reflect that the trial court found that Rodriguez-Roig violated one count of condition five of his probation after

an evidentiary hearing. See Romano v. State, 205 So. 3d 828, 829 (Fla. 2d DCA 2016); Bess v. State, 158 So. 3d 711, 712 (Fla. 2d DCA 2015). Rodriguez-Roig preserved this issue by filing a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b). Affirmed; remanded.

KHOUZAM, MORRIS, and BLACK, JJ., Concur. Opinion subject to revision prior to official publication.


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