ESKRA
v.
STATE OF FLORIDA
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Steven Richard Eskra appealed his probation revocation under Anders v. California. The court affirmed the revocation and sentence but remanded to correct a scrivener's error in the disposition order that incorrectly stated Eskra admitted to violating probation when he was in fact found in violation following a contested evidentiary hearing.
The court affirmed the order revoking Eskra's probation and his sentence. However, the court remanded the case for the trial court to correct the scrivener's error in the disposition order that incorrectly indicated Eskra admitted to the probation violation when he was actually found in violation following a contested hearing.
[1] A scrivener's error in a probation revocation order that falsely states the defendant admitted to the violation, when the record shows the violation was found after a con…
[2] A defendant need not be present for a trial court's correction of a scrivener's error in a probation revocation order.
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Join FLexlaw to unlock all legal intelligence“Whereas the order says that Mr. Eskra admitted to violating his probation, he was in fact found in violation following a contested evidentiary hearing.”
Establishes the scrivener's error: the disposition order incorrectly stated an admission when the probation violation was actually determined at a contested hearing.
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Join FLexlaw to unlock all legal intelligenceSteven Richard Eskra's probation was revoked following a contested evidentiary hearing where he was found to have violated the terms of his probation.…
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After Steven Richard Eskra's probation was revoked, this appeal proceeded pursuant to Anders v. California, 386 U.S. 738 (1967). We affirm the order revoking Mr. Eskra's probation and his sentence. However, the disposition order contains a scrivener's error. Whereas the order says that Mr. Eskra admitted to violating his
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probation, he was in fact found in violation following a contested evidentiary hearing. We remand for the trial court to correct the scrivener's error. See, e.g., Mitchell v. State, 190 So. 3d 1135, 1135 (Fla. 2d DCA 2016) (affirming revocation of probation in Anders appeal but remanding for correction of scrivener's error where revocation order "incorrectly indicates that Mr. Mitchell admitted to violating the terms of his probation, where no such admission existed"). Mr. Eskra need not be present for the correction. See, e.g., Echavarria v. State, 270 So. 3d 527, 528 (Fla. 2d DCA 2019) ("Mr. Echavarria need not be present for the correction of the scrivener's errors.").
Affirmed; remanded to correct scrivener's error. MORRIS and BLACK, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Niyke Deangelo Echavarria v. State, 270 So. 3d 527 (Fla. 2d DCA 2019)
- Mitchell v. State, 190 So. 3d 1135 (Fla. 2d DCA 2016)