KEANDRE DASHAWN IVORY
v.
STATE OF FLORIDA
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A technical error in identifying which condition of probation was violated does not require reversal when the violation and its factual basis are clearly understood by the parties and the court.
[1] A scrivener's error in a probation revocation order, such as misidentifying the specific condition violated, does not require reversal of the revocation or sentence if th…
[2] A probation violation need not be alleged with the same specificity as a criminal offense, and minor errors in citation do not warrant dismissal or reversal if the defend…
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“A violation of supervision need not be alleged with the same specificity necessary for an information charging an offense, and even a charging document's error in citation 'shall not be ground for dismissing the count or for a reversal of a conviction based thereon if the error or omission did not mislead the defendant to the defendant's prejudice.'”
Court's statement of the standard for evaluating citation errors in probation violation allegations
Keandre Dashawn Ivory's probation was revoked in two cases. In case no. 14-15318-CF, the revocation affidavit incorrectly cited condition 21 (drug and…
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BLACK, Judge.
In this Anders1 appeal, we affirm without comment the revocation of Keandre Dashawn Ivory's probation in circuit court case nos. 14-15085-CF and 14-15318-CF and the resulting sentences. However, we
2
remand for the correction of a scrivener's error in the revocation order entered in case no. 14-15318-CF.
The affidavit of violation alleged in part that Ivory had violated condition 21 of his probation in each case for failing to abide by his curfew. But in case no. 14-15318-CF, condition 21 required Ivory to submit to random drug and alcohol testing; it was condition 22 that imposed a curfew in that case. Despite identifying the condition violated in case no. 14-15318-CF as condition 21 rather than condition 22, the affidavit of violation described the condition as requiring Ivory to abide by a curfew. And it is clear that the parties and the court understood the violation in both cases to be the failure to abide by the curfew imposed. See Washington v. State, 228 So. 3d 707, 708 (Fla. 2d DCA 2017) ("A violation of supervision need not be alleged with the same specificity necessary for an information charging an offense, and even a charging document's error in citation 'shall not be ground for dismissing the count or for a reversal of a conviction based thereon if the error or omission did not mislead the defendant to the defendant's prejudice.' " (first citing Hollingshead v. State, 846 So. 2d 627, 629 (Fla. 4th DCA 2003); and then quoting McMann v. State, 954 So. 2d 90, 91 (Fla. 1st DCA 2007))). Therefore, we affirm the order of revocation and sentence in each case but remand for the circuit court to correct the revocation order entered in case no. 14-15318-CF to reflect that Ivory was found to be in violation of condition 22 instead of condition 21. See id. Affirmed; remanded.
SILBERMAN and SMITH, JJ., Concur.
Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Gerren Joseph Washington v. State, 228 So. 3d 707 (Fla. 2d DCA 2017)
- McMANN v. State, 954 So. 2d 90 (Fla. 1st DCA 2007)
- Hollingshead v. State, 846 So. 2d 627 (Fla. 4th DCA 2003)