NICHOLAS DEVON MCBRIDE
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.
The revocation of probation and corresponding sentences are affirmed despite a scrivener's error in the revocation order because the error was not preserved for review and the actual written sentence is correct.
[1] A scrivener's error in a probation revocation order regarding the consecutive or concurrent characterization of sentences is not preserved for appellate review when not p…
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 intelligenceNicholas McBride sought review of orders revoking his probation in two separate cases. The revocation order contained a scrivener's error regarding wh…
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 Scrivener'S Error cases and more on FLexlaw
PER CURIAM.
Nicholas McBride seeks review of an order revoking his probation in two separate cases and the corresponding sentences. We affirm in all respects. We note that the revocation order erroneously states that the sentence in count four in case 2013-CF-3593 is consecutive, as opposed to concurrent, to the sentence in count two in that case. However, this scrivener's error has not been preserved for review, and it appears that McBride will not be prejudiced by this error as the actual written sentence is correct.
Affirmed.
NORTHCUTT, SILBERMAN, and MORRIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Blockburger v. United States, 284 U.S. 299 (U.S. 1932)
- Brown v. State OF Ala., 619 F.2d 376 (5th Cir. 1980)