IVORY
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In an Anders appeal, the court affirmed the revocation of Ivory's probation in two cases and the resulting sentences, but remanded one case for correction of a scrivener's error that identified the wrong probation condition number.
The court affirmed the probation revocation and sentences in both cases. The court remanded case no. 14-15318-CF for the circuit court to correct the scrivener's error and reflect that Ivory violated condition 22, not condition 21.
[1] A scrivener's error in a probation revocation order may be corrected on remand, even when the underlying revocation and sentence are affirmed.
[2] A probation violation need not be alleged with the same specificity as a criminal offense, and minor errors in citation do not require dismissal or reversal if the defend…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A violation of supervision need not be alleged with the same specificity necessary for an information charging an offense, and even a charging document's error in citation 'shall not be ground for dismissing the count or for a reversal of a conviction based thereon if the error or omission did not mislead the defendant to the defendant's prejudice.'”
Establishes the legal standard that technicalities in probation violation allegations do not require reversal if the defendant understood the actual violation
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIvory was on probation in two circuit court cases. An affidavit of violation alleged he violated condition 21 in each case by failing to abide by his …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Affidavit Of Violation cases and more on FLexlaw
BLACK, Judge. In this Anders1 appeal, we affirm without comment the revocation of Keandre Dashawn Ivory's probation in circuit court case nos. 14-15085-CF and 14-15318-CF and the resulting sentences. However, we 1 Anders v. California, 386 U.S. 738 (1967).
remand for the correction of a scrivener's error in the revocation order entered in case no. 14-15318-CF. The affidavit of violation alleged in part that Ivory had violated condition 21 of his probation in each case for failing to abide by his curfew. But in case no. 14-15318-CF, condition 21 required Ivory to submit to random drug and alcohol testing; it was condition 22 that imposed a curfew in that case. Despite identifying the condition violated in case no. 14-15318-CF as condition 21 rather than condition 22, the affidavit of violation described the condition as requiring Ivory to abide by a curfew. And it is clear that the parties and the court understood the violation in both cases to be the failure to abide by the curfew imposed. See Washington v. State, 228 So. 3d 707, 708 (Fla. 2d DCA 2017) ("A violation of supervision need not be alleged with the same specificity necessary for an information charging an offense, and even a charging document's error in citation 'shall not be ground for dismissing the count or for a reversal of a conviction based thereon if the error or omission did not mislead the defendant to the defendant's prejudice.' " (first citing Hollingshead v. State, 846 So. 2d 627, 629 (Fla. 4th DCA 2003); and then quoting McMann v. State, 954 So. 2d 90, 91 (Fla. 1st DCA 2007))).
Therefore, we affirm the order of revocation and sentence in each case but remand for the circuit court to correct the revocation order entered in case no. 14-15318-CF to reflect that Ivory was found to be in violation of condition 22 instead of condition 21. See id.
Affirmed; remanded. SILBERMAN and SMITH, JJ., Concur. Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Gerren Joseph Washington v. State, 228 So. 3d 707 (Fla. 2d DCA 2017)
- McMANN v. State, 954 So. 2d 90 (Fla. 1st DCA 2007)
- Hollingshead v. State, 846 So. 2d 627 (Fla. 4th DCA 2003)