DAVIS
v.
STATE
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The court affirmed the probation revocation but remanded for correction of scrivener's errors misidentifying the violated conditions and incorrectly stating the defendant admitted rather than was found guilty of violations.
[1] Scrivener's errors in a probation revocation order that misidentify the violated conditions or incorrectly characterize the manner of adjudication require correction on r…
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Join FLexlaw to unlock all legal intelligence“The order of revocation states Appellant committed two violations of condition 5. It should state that he violated conditions 9 and 32. The order of revocation also erroneously states that he "admitted to the violation allegations contained in the affidavit of violation." Instead, it should reflect that Appellant was tried and found guilty of violating probation.”
Description of the scrivener's errors requiring correction on remand
Abraham Davis had his probation revoked and appealed pursuant to Anders v. California. The trial court's order of revocation contained errors identify…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA _____________________________
No. 1D17-4951 _____________________________
ABRAHAM DAVIS,
Appellant,
v. STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Leon County. James O. Shelfer, Judge.
December 14, 2018 PER CURIAM.
In this appeal pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm the revocation of Appellant’s probation and the resulting judgment and sentence. However, we remand for the trial court to correct two scrivener’s errors in the order of revocation. The order of revocation states Appellant committed two violations of condition 5. It should state that he violated conditions 9 and 32. The order of revocation also erroneously states that he “admitted to the violation allegations contained in the affidavit of violation.” Instead, it should reflect that Appellant was tried and found guilty of violating probation.
AFFIRMED and REMANDED for entry of a corrected order. LEWIS, WETHERELL, and WINOKUR, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________
Andy Thomas, Public Defender; Steven Seliger and Joel Arnold, Assistant Public Defenders, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
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Cited By
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Anglin v. State (Fla. 2d DCA 2022)
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)