ALAIN RODRIGUEZ-ROIG
v.
STATE OF FLORIDA

Fla. 2d DCA | 2023-09-27
No. 21-2996
Florida District Court of Appeal, Second District (2023)

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Holding

A trial court's probation revocation order must be corrected when it contains a scrivener's error misidentifying the number of violations found.


Headnotes

[1] A scrivener's error in a probation revocation order that misidentifies the number of violations found may be corrected on appeal when properly preserved by motion under F…

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Facts & Procedural History

Rodriguez-Roig's probation was revoked after an evidentiary hearing. The revocation order incorrectly stated that Rodriguez-Roig admitted to violating…

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Opinion of the Court

PER CURIAM.

We affirm the revocation of Alain Rodriguez-Roig's probation, but we remand for the trial court to correct a scrivener's error in the revocation order. The revocation order incorrectly states that Rodriguez-Roig admitted to violating condition five (nine counts) of his probation; the order should be corrected to reflect that the trial court found that Rodriguez-Roig violated one count of condition five of his probation after

2

an evidentiary hearing. See Romano v. State, 205 So. 3d 828, 829 (Fla. 2d DCA 2016); Bess v. State, 158 So. 3d 711, 712 (Fla. 2d DCA 2015). Rodriguez-Roig preserved this issue by filing a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b).

Affirmed; remanded.

KHOUZAM, MORRIS, and BLACK, JJ., Concur.

Opinion subject to revision prior to official publication.


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