MALCOLM BADGERS
v.
STATE OF FLORIDA
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A probation revocation judgment should be affirmed but remanded when the written judgment contains a scrivener's error in felony classification and the revocation order fails to specify the conditions of probation violated.
[1] A written judgment may be corrected when it contains a scrivener's error in the classification of a felony offense.
[2] A written revocation order for probation must specify the conditions of probation that were violated.
Previewing 2 of 3 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“if the trial court revokes a juvenile's probation, the court is required to render a written order setting forth the conditions of probation that were violated.”
Citation to T.M. v. State requiring specificity in written revocation orders.
Badgers' probation was revoked in two cases that had been transferred from juvenile to adult court. The written judgment incorrectly classified attemp…
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KHOUZAM, Judge.
Malcolm Randall Badgers appeals the judgment and sentence imposed following the revocation of his probation in two cases that had been transferred from juvenile to adult court. We affirm in all respects except that we remand for the trial court to correct both the written judgment and the revocation order. Badgers correctly points out that the written judgment contains a scrivener's error; it improperly classifies attempted burglary of an unoccupied dwelling as a second-degree felony when it is, in fact, a third-degree felony. See Morgan v. State, 228 So. 3d 681, 681 (Fla. 2d DCA
2017) (treating the incorrect classification of an offense as a scrivener's error and remanding for correction). Badgers also correctly points out that the trial court's written revocation order failed to specify the conditions of probation that he was found to have violated. See T.M. v. State, 233 So. 3d 1275, 1275 (Fla. 3d DCA 2017) ("[T]he law is well-settled: if the trial court revokes a juvenile's probation, the court is required to render a written order setting forth the conditions of probation that were violated."). The
State concedes that remand for the correction of the revocation order is appropriate.
See id. Accordingly, we affirm but remand for the trial court to correct the scrivener's error in the written judgment and enter a written revocation order setting forth the specific conditions of probation that Badgers was found to have violated.
Affirmed and remanded with instructions.
BLACK and BADALAMENTI, JJ., Concur.
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Cited By
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J. K. v. State (Fla. 2d DCA 2022)
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T. D. W. v. State (Fla. 2d DCA 2022)
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J. R. M.-T. v. State (Fla. 6th DCA 2025)
Authorities Cited
- T.M. v. State, 233 So. 3d 1275 (Fla. 3d DCA 2017)
- Morgan v. State, 228 So. 3d 681 (Fla. 2d DCA 2017)