MICHELLE LEIGH KEMP, 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.
Michelle Kemp appeals her community control revocation conviction in a direct criminal appeal. The appellate court affirmed the revocation and sentence but remanded for correction of a scrivener's error in the revocation order that incorrectly listed all four alleged violations as the basis for revocation when only two were actually admitted to.
The court affirmed the revocation of community control and the resulting sentence as proper, but remanded the case for the trial court to correct the revocation order to reflect only the two violations actually admitted to (curfew and electronic monitoring failures) rather than all four alleged violations.
[1] A trial court's order revoking community control must accurately reflect the specific violations admitted to or proven, and not include violations that were contested or…
[2] A scrivener's error in an order revoking community control, such as listing all alleged violations when only some were admitted or proven, warrants a remand for correctio…
Previewing 2 of 5 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“In its order revoking the appellant's community control, the trial court erroneously listed as the basis for revocation all four violations alleged in the violation of community control affidavit.”
Identifies the scrivener's error being corrected on remand
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceKemp was subject to community control with conditions including a curfew and electronic monitoring requirements. A violation of community control affi…
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 Revocation Of Community Control cases and more on FLexlaw
This direct criminal appeal was brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Having reviewed the entire record, we affirm the trial court’s revocation of appellant’s community control and the resulting sentence but remand for correction of a scrivener’s error.
In its order revoking the appellant’s community control, the trial court erroneously listed as the basis for revocation all four violations alleged in the violation of community control affidavit. The record does not reflect that the appellant admitted to the allegations based upon the commission of new law offenses or that the state demonstrated a basis to revoke as to these allegations. Instead, the plea form explicitly stated that the appellant admitted to violating her curfew and the failure to submit to electronic monitoring, but not the violations based upon the commission of two new law offenses. It was reiterated during sentencing that the new law of*348fenses were contested and were not being considered in these proceedings. Therefore, we remand for the trial court to correct the order of revocation to reflect that revocation was based on the failure to comply with the appellant’s curfew and the failure to submit to electronic monitoring. See Harvin v. State, 882 So.2d 1089, 1089 (Fla. 1st DCA 2004) (affirming the revocation of probation in an Anders appeal, but remanding for correction of the order to reflect only the violations admitted to as its basis); Narvaez v. State, 674 So.2d 868, 869 (Fla. 2d DCA 1996) (noting that the written order of revocation must comport with the oral pronouncement and remanding with instructions to strike from the order the violations neither admitted to nor found by the court).
AFFIRMED; REMANDED with directions.
ROBERTS, WETHERELL, and MARSTILLER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Werley v. State, 208 So. 3d 832 (Fla. 1st DCA 2017)
-
Townsend v. State, 271 So. 3d 1249 (Fla. 1st DCA 2019)
-
Jackson v. State, 196 So. 3d 590 (Fla. 1st DCA 2016)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Narvaez v. State, 674 So. 2d 868 (Fla. 2d DCA 1996)
- Harvin v. State, 882 So. 2d 1089 (Fla. 1st DCA 2004)