JIMMY MCCLOUD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the revocation of probation but remanded for resentencing and correction of a scrivener's error in the revocation order.
Appellant pleaded guilty to grand theft and was sentenced under unconstitutional guidelines. His probation was revoked, but the revocation order conta…
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SALCINES, Judge.
Jimmy McCloud appeals the revocation of his probation. We affirm the order revoking probation, but remand for resentencing and for correction of a scrivener’s error. McCloud originally entered a guilty plea to one count of grand theft which was committed on October 6, 1995. He was sentenced under the 1995 guidelines which have been declared to be unconstitutional. See Heggs v. State, 759 So. 2d 620 (Fla.2000). Therefore, this matter must be remanded for the trial court to reconsider the sentence imposed in accordance with Heggs. See Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000).
With regard to the revocation itself, we hold that the trial court did not err in revoking the probation. However, we note that there was a scrivener’s error in the amended revocation order which indicated that McCloud had violated condition 5 of his conditions of probation. At the revocation hearing, the State announced it was not proceeding upon the allegation that condition 5 had been violated and no evidence was presented in support thereof. Upon remand, the trial court shall enter an amended order which states that McCloud only violated conditions 3 and 9.
Revocation of probation affirmed; remanded for reconsideration of sentencing and for correction of the revocation order as discussed above.
BLUE, A.C.J., and FULMER, J., Concur.
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Allen v. State, 898 So. 2d 1202 (Fla. 2d DCA 2005)…motion to correct, it improperly directed the Department of Corrections to correct the order. We remand with instructions that the court enter a corrected order of revocation to refer only to condition 24 having been violated. See McCloud v. State, 765 So. 2d 826 (Fla. 2d DCA 2000). The defendant need not be present for this purpose. Boggs v. State, 557 So. 2d 203 (Fla. 2d DCA 1990). Affirmed in part; reversed in part; remanded for entry of a corrected revocation order. FULMER and WALLACE, JJ., Concur.…
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Nails v. State, 899 So. 2d 1287 (Fla. 1st DCA 2005)…crimes for which he was convicted in Case No. 1D04-319. We affirm the probation [*1288] revocation order and remand to the trial court with instructions to strike the reference to Condition (10) in the written revocation order. See McCloud v. State, 765 So. 2d 826 (Fla. 2d DCA 2000). The transcript of the revocation hearing indicates that the State elected not to argue a violation of Condition (10), but to focus solely on Condition (5), to which the trial court orally agreed. No evidence was offered relating…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000)