JOSHUA DANIEL BROWN
v.
STATE OF FLORIDA
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Joshua Brown appealed his convictions for fraudulent use of personal identification information and grand theft, as well as the revocation of his probation. The court affirmed the convictions and sentences but identified scrivener's errors in the amended probation revocation order that required correction.
The court affirmed Brown's convictions and sentences, but remanded the case with instructions for the trial court to correct the scrivener's errors in the violation dates on the amended probation revocation order.
[1] Scrivener's errors in a probation revocation order, including incorrect violation dates, may be corrected on remand as a ministerial action that does not require the defe…
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Join FLexlaw to unlock all legal intelligenceBrown was convicted of fraudulent use of personal identification information and grand theft. His probation was revoked based on violations that occur…
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KLINGENSMITH, J.
Appellant Joshua Brown appeals his convictions and sentences for the fraudulent use of personal identification information and grand theft, as well as the amended order revoking his probation. We affirm those convictions and sentences without comment, but write to address the trial court’s amended order revoking probation.
Brown first challenged the revocation order under Florida Rule of Criminal Procedure 3.800(b)(2) because the order included a violation that had not been proven by any evidence and incorrectly listed December 24, 2016, as the violation date, when the violation of probation affidavit and testimony established that the violations occurred on December 23, 2016. The trial court granted the motion; however, the amended order failed to correct the violation date.
A review of the record shows the trial court intended to correct the scrivener’s errors but failed to do so, and such written errors remained in the amended order. Accordingly, we affirm Brown’s convictions and sentences, but remand with instructions for the trial court to correct the violation dates. See Obas v. State, 238 So. 3d 853, 854 (Fla. 4th DCA 2018); Ali v. State, 215 So. 3d 1250, 1251 (Fla. 4th DCA 2017); see also Sweeney v. State, 138 So. 3d 1095, 1095 (Fla. 4th DCA 2014) (remanding for trial court to correct statute number on appellant’s sentence). Brown’s presence is not required for this ministerial action. See Obas, 238 So. 3d at 854.
Affirmed, but remanded for correction of scrivener’s errors. TAYLOR AND KUNTZ, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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- Zaheer ALI v. State, 215 So. 3d 1250 (Fla. 4th DCA 2017)
- Sweeney v. State, 138 So. 3d 1095 (Fla. 4th DCA 2014)
- Kevon Obas v. State, 238 So. 3d 853 (Fla. 4th DCA 2018)