HARRIS
v.
STATE

Fla. 5th DCA | 2018-07-20
No. Case No. 5D17-3419
248 So. 3d 295 Florida District Court of Appeal, Fifth District (2018) Positive Treatment
Cited by 2 cases

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Holding

An open guilty plea is valid and sentences based thereon are affirmed where the record supports the plea, but a scrivener's error in a probation revocation order must be corrected.


Headnotes

[1] A trial court's judgment and sentence following a defendant's open guilty plea may be affirmed on appeal despite a scrivener's error in an accompanying order, which error…

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Facts & Procedural History

Harris entered open pleas in two cases and was sentenced. In one probation revocation case, the trial court's order contained a scrivener's error rega…

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Opinion of the Court

PER CURIAM.

We affirm, without further discussion, the judgments and sentences imposed by the trial court following Appellant’s open plea in two cases below. However, because there is a scrivener’s error in the order revoking probation entered in Case No. 2015- 303740-CFDB, we remand for the trial court to enter an amended order to accurately reflect the conditions of probation that Appellant admitted to violating in that case.

AFFIRMED; REMANDED to correct scrivener’s error. COHEN, C.J., EVANDER and LAMBERT, JJ., concur.


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Citator

Cited By

  • Williams v. State (Fla. 2d DCA 2020)
    …(Fla. 2d DCA 2013); Williams v. State, 48 So. 3d 192 (Fla. 2d DCA 2010); Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009); Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Harris v. State, 279 So. 3d 268 (Fla. 5th DCA 2019). SILBERMAN, LUCAS, and ATKINSON, JJ., Concur.…
  • …9, 11-13) Because Magrini “portrayed himself as being well- versed in drug dealing," he cannot show an absence of predisposition to commit the charged offenses. Strickland v. State, 588 So. 2d 269, 271 (Fla. 4th DCA 1991); see also Harris v. State, 279 So. 3d 268, 270 (Fla. 5th DCA 2019) (noting that "[t]he state may prove predisposition with evidence of the defendant's prior criminal activities, his reputation for such activities, [or] reasonable suspicion of his involvement in such activity"). Counsel was…

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