MELISSA SUE BAILOR
v.
STATE OF FLORIDA
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A trial court's probation revocation order may be affirmed while being remanded to correct a scrivener's error that falsely includes a probation violation condition the probationer was never charged with and that was not part of the original probation order.
[1] A scrivener's error in a probation revocation order that includes a condition violation the probationer was never charged with and that was not part of the original proba…
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Join FLexlaw to unlock all legal intelligenceMelissa Sue Bailor had her drug offender probation revoked. The trial court's revocation order contained an error listing Condition 24 as a violated c…
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March 15, 2024 PER CURIAM. We affirm the judgment and sentence imposed by the trial court following the revocation of Appellant's drug offender probation, but we find it necessary to remand this case with directions that the court correct a scrivener's error in the order revoking probation to reflect that Appellant did not commit a violation of condition 24 of her probation. The revocation order inadvertently states that Appellant violated condition 24 of her probation; however, she was never charged with violating this condition, nor was this condition part of her original order of drug offender probation. See generally Daniels v. State, 200 So. 3d 195 (Fla. 5th DCA 2016) (finding that remand was appropriate to correct technical error in order revoking probation to clarify sole condition of probation that defendant admitted to violating).
AFFIRMED; REMANDED to correct scrivener’s error. WALLIS, HARRIS, and BOATWRIGHT, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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