JEFFREY LYNN CAIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
Florida appellate court affirmed drug and fleeing charges but reversed and remanded for correction of a scrivener's error in the probation revocation order that listed violations not actually found by the trial court.
A probation revocation order containing a scrivener's error listing violations not found by the trial court must be corrected on remand, but the revocation itself is affirmed where the court's oral pronouncement clearly established the actual violations.
[1] A scrivener's error in a probation revocation order that lists violations not found by the trial court may be corrected on remand without reversing the revocation where t…
Previewing 1 of 1 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“Although the second amended affidavit of violation of probation charged a myriad of violations, the State only proceeded on two violations of condition five based on the two new law violations.”
Explaining the limited scope of violations actually litigated at the revocation hearing.
Jeffrey Lynn Cain entered no contest pleas to drug charges, fleeing to elude a law enforcement officer, and resisting or obstructing an officer withou…
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 No Contest Plea cases and more on FLexlaw
In case no. 2D08-6412, Jeffrey Lynn Cain seeks review of his judgments and sentences for various drug charges, fleeing to elude a law enforcement officer, and resisting or obstructing an officer without violence. Cain entered no contest pleas to these charges in two different cases. The fleeing to elude and resisting charges were also the new law violations that formed the basis for the revocation of Cain’s probation in case no. 2D08-6138. We affirm Cain’s judgments and sentences and the revocation order on the merits. However, we reverse for correction of a scrivener’s error on the revocation order.
Although the second amended affidavit of violation of probation charged a myriad of violations, the State only proceeded on two violations of condition five based on the two new law -violations. At the revocation hearing, the court heard evidence and found that Cain violated these two conditions as alleged but did not violate the remainder of the conditions. When the trial court entered its revocation order three weeks later, however, it erroneously stated that Cain admitted to -violations of conditions one, three, five, eight, thirteen, and twenty-two. Because this is merely a scrivener’s error, we affirm the revocation of Cain’s probation but remand for correction of the revocation order to reflect the court’s oral pronouncement. See Washington v. State, 37 So.3d 376, 376 (Fla. 1st DCA 2010); Thomas v. State, 902 So.2d 900, 900 (Fla. 4th DCA 2005).
Affirmed and remanded.
WHATLEY and MORRIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Demick v. State, 79 So. 3d 133 (Fla. 2d DCA 2012)…ror.2 See [*134] Washington v. State, 37 So. 3d 376 (Fla. 1st DCA 2010). Accordingly, we affirm the revocation of Demick’s probation but remand for the trial court to correct the revocation order to reflect its oral pronouncement. See Cain v. State, 49 So. 3d 865 (Fla. 2d DCA 2010). Affirmed and remanded. LaROSE and MORRIS, JJ., Concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). . Demick raised both scrivener’s issues to the trial court in his motion to correct sentencing…
Authorities Cited
- Washington v. State, 37 So. 3d 376 (Fla. 1st DCA 2010)
- Jalen Shropshire v. State, 37 So. 3d 376 (Fla. 1st DCA 2010)
- Leverett v. State, 902 So. 2d 900 (Fla. 4th DCA 2005)