ROBIN SMOTHERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Robin Smothers appealed the revocation of her community control and resulting sentences for battery on a law enforcement officer and resisting arrest with violence. The Florida District Court of Appeal affirmed the revocation and sentences but remanded to correct scrivener's errors in the judgment and revocation order.
The court affirmed the revocation of community control and the sentences without comment, but remanded for the limited purpose of correcting scrivener's errors in the written judgment and revocation order to accurately reflect the underlying conviction statute and the actual conditions violated.
[1] A scrivener's error in a written judgment may be corrected to accurately reflect the underlying statutory violation for which a defendant was convicted.
[2] A scrivener's error in an order of revocation may be corrected to accurately identify the specific conditions of community control that a defendant admitted to violating.
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Join FLexlaw to unlock all legal intelligence“The written judgment lists Count I as battery on a law enforcement officer and Count II as resisting an officer with violence, including references to the corresponding statutes. In so doing, the judgment erroneously recites that Count II is a violation of section 784.021, Florida Statutes, when, in fact, resisting an officer with violence is a violation of section 843.01, Florida Statutes.”
Establishes the primary scrivener's error in the judgment—the incorrect statutory citation for the resisting arrest charge.
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Join FLexlaw to unlock all legal intelligenceIn August 2010, Ms. Smothers entered a negotiated plea of no contest and was placed on two concurrent four-year terms of probation. Her probation was …
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In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Robin Smothers challenges the revocation of her community control and the resulting sentences on her underlying convictions for battery on a law enforcement officer and resisting arrest with violence. We affirm the revocation and sentences without comment and write only to correct scrivener’s errors apparent on the face of the original written judgment and the order of revocation.
In August 2010, Ms. Smothers entered a negotiated plea of no contest and was placed on two concurrent four-year terms of probation. Ms. Smothers’ probation was subsequently revoked, and she was placed on community control. The written judgment lists Count I as battery on a law enforcement officer and Count II as resisting an officer with violence, including ref*620erences to the corresponding statutes. In so doing, the judgment erroneously recites that Count II is a violation of section 784.021, Florida Statutes, when, in fact, resisting an officer with violence is a violation of section 843.01, Florida Statutes. The information and the plea form reflect the correct statutory section.
There is also a scrivener’s error in the order of revocation. The order states that Ms. Smothers admitted to violating conditions “(5), (7), (2), (15), (10), (3), [and] (4) as stated in the second amended affidavit dated February 15, 2013.” Based on the record before us, condition (15) should have been listed as condition (16) and condition (4) as special condition (4).1 We therefore remand for the limited purpose of correcting the written judgment to accurately reflect the underlying charge with which Ms. Smothers was convicted and the order of revocation to identify the actual conditions of community control she admitted to violating. McMullen v. State, 145 So.3d 951, 951-52 (Fla. 2d DCA 2014); Margolis v. State, 148 So.3d 532, 532 (Fla. 2d DCA 2014).
Affirmed; remanded with instructions.
NORTHCUTT and BLACK, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Harrison Bradley Margolis v. State, 148 So. 3d 532 (Fla. 2d DCA 2014)
- Whited v. Fla. Comm'n on Offender Review, 145 So. 3d 951 (Fla. 1st DCA 2014)
- McMULLEN v. State, 145 So. 3d 951 (Fla. 2d DCA 2014)