GARCIA
v.
STATE OF FLORIDA
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In this Anders appeal, the Florida Fifth District Court of Appeal affirmed the trial court's revocation of the appellant's probation but remanded the case to correct a scrivener's error in the revocation order that incorrectly stated the appellant violated a probation condition twice when she was charged with and admitted to violating it only once.
The court affirmed the probation revocation but remanded the case with directions to correct the scrivener's error in the revocation order to reflect only one violation of condition seven, consistent with what the appellant was charged with and admitted to.
[1] A probation revocation order containing a scrivener's error that incorrectly states the number of violations to which the defendant admitted should be remanded for techni…
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Establishes the dual holding that the probation revocation is affirmed but remand is necessary for technical correction
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Join FLexlaw to unlock all legal intelligenceThe appellant had her probation revoked by the trial court. The revocation order contained a technical error stating that the appellant violated condi…
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PER CURIAM.
In this Anders1 appeal, we affirm the judgment and sentence imposed by the trial court following the revocation of Appellant's
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 committed a violation of condition seven of her probation once, rather than twice. The revocation order inadvertently states that Appellant violated condition seven of her probation twice; however, she was charged with violating this condition only once and admitted to violating this condition only once. 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.
EISNAUGLE, HARRIS, and BOATWRIGHT, JJ., concur.