BRETT ALAN BOYCE VS STATE OF FLORIDA
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An Order of Revocation of Probation containing scrivener's errors must be corrected on remand to accurately reflect which probation conditions the defendant admitted to violating.
[1] An Order of Revocation of Probation containing scrivener's errors must be corrected on remand to reflect which probation conditions the defendant admitted to violating, a…
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Join FLexlaw to unlock all legal intelligence“a scrivener's error as a written clerical error that is not 'the result of a judicial determination or error'”
Definition of scrivener's error from Ashley v. State
Boyce was on probation and faced revocation proceedings. He denied violating conditions (1), (5), and (7) of his probation, admitted to the remaining …
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D2022-3970 _____________________________
BRETT ALAN BOYCE,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Santa Rosa County. Clifton A. Drake, Judge.
June 12, 2024
PER CURIAM.
We affirm Appellant’s judgment and sentence. We write only to correct scrivener’s errors on the Order of Revocation of Probation. See Ashley v. State, 850 So. 2d 1265, 1268 n. 3 (Fla. 2003) (defining a scrivener’s error as a written clerical error that is not “the result of a judicial determination or error”); see also Kemp v. State, 135 So. 3d 347 (Fla. 1st DCA 2013).
The Order of Revocation issued below fails to state that Appellant denied violating conditions (1), (5), and (7) of his probation, admitted to the remaining violations, and that the State then dropped the violations denied. On remand, the Order of Revocation should be corrected to reflect that the revocation is based on the conditions of Appellant’s probation that he admitted
AFFIRM in part, REMAND in part, for correction of scrivener’s error.
KELSEY, M.K. THOMAS, and NORDBY, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Jessica J. Yeary, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Columbus Rickey Ashley v. State, 850 So. 2d 1265 (Fla. 2003)
- Miles v. State, 135 So. 3d 347 (Fla. 1st DCA 2013)
- Harvis v. State, 252 So. 3d 418 (Fla. 1st DCA 2018)
- Jones v. State, 320 So. 3d 230 (Fla. 1st DCA 2024)
- Townsend v. State, 271 So. 3d 1249 (Fla. 1st DCA 2019)