MARTHA MILLER
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.
A trial court may revoke probation based on proper grounds even when the revocation order also cites improper grounds, and the appellate court will affirm the revocation and remand for entry of a corrected order removing the improper grounds.
[1] When a probation revocation order cites both proper and improper grounds, and the record shows the trial court would have revoked probation based on proper grounds alone,…
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“When a trial court relies on both proper and improper grounds for revocation but it is clear from the record that the trial court would have revoked probation even without the existence of improper grounds, this court and others have affirmed the revocation of probation and remanded for entry of a corrected revocation order.”
Court's statement of applicable law governing probation revocation when multiple grounds are cited
Martha Miller's probation was revoked by the trial court. The revocation order stated that Miller admitted to violating Conditions 5 and 7 of her prob…
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 Anders Review cases and more on FLexlaw
PER CURIAM.
In this appeal pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm the judgment and sentence imposed by the trial court following the revocation of
Ms. Miller's probation without comment. However, our independent review of the record reveals a technical error which does not affect the outcome of the case but for which we must remand for entry of a corrected revocation order.
The revocation order states in relevant part that Ms. Miller "admitted violating Conditions (5), (7) and the Order of Modification of Probation." However, Ms.
Miller did not admit to violating the order of modification. Accordingly, we affirm Ms.
Miller's judgment and sentence; however, we remand with directions that the trial court correct the revocation order to reflect only that Ms. Miller admitted to violating conditions five and seven of her probation. See Rodgers v. State, 171 So. 3d 803, 803 (Fla. 2d
DCA 2015) ("When a trial court relies on both proper and improper grounds for revocation but it is clear from the record that the trial court would have revoked probation even without the existence of improper grounds, this court and others have affirmed the revocation of probation and remanded for entry of a corrected revocation order." (quoting Lee v. State, 67 So. 3d 1199, 1201 (Fla. 2d DCA 2011))).
Affirmed; remanded with instructions.
LaROSE, C.J., and SILBERMAN and LUCAS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- LEE v. State, 67 So. 3d 1199 (Fla. 2d DCA 2011)
- Rodgers v. State, 171 So. 3d 803 (Fla. 2d DCA 2015)