ARON A. ARIAS
v.
STATE OF FLORIDA

Fla. 4th DCA | 2021-01-06
No. 19-3433
Florida District Court of Appeal, Fourth District (2021)

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Holding

A probation revocation order must be affirmed when supported by the trial court's oral pronouncement, but remanded to correct clerical errors between the written order and oral pronouncement.


Headnotes

[1] When a trial court's written order revoking probation conflicts with its oral pronouncement at sentencing, the written order must be corrected to reflect the oral pronoun…

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Facts & Procedural History

Appellant Arios was placed on probation. The trial court found him in violation of his probation terms by committing robbery, resisting an officer wit…

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Opinion of the Court

PER CURIAM.

Appellant appeals an order revoking his probation. We affirm on all issues, but remand for correction of two scrivener’s errors, both of which are conceded by the state. First, we remand for the trial court to correct the written revocation order to reflect the trial court’s oral pronouncement that appellant was found in violation by committing robbery, resisting an officer without violence, and violating his curfew. See Raya v. State, 183 So. 3d 1120, 1120 (Fla. 4th DCA 2015). Second, we remand for the trial court to correct the scoresheet to reflect that appellant was sentenced to fifty years. See id. Appellant’s presence is not required for these corrections.

Affirmed and remanded with instructions. LEVINE, C.J., MAY and ARTAU, JJ., concur.

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