JOSHUA D. QUARTIER
v.
STATE
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The revocation of community control and resulting sentence are affirmed, but the trial court must correct the clerical error in the revocation order to accurately identify the violated condition.
[1] A clerical error in a revocation of community control order that misstates the specific condition violated warrants remand for correction where the factual allegations su…
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Join FLexlaw to unlock all legal intelligence“The affidavit of violation alleged a Condition 15 violation. However, this too appears to be a clerical error as the factual allegations contained in this paragraph of the affidavit alleging the violation are substantively consistent with a violation of Condition 16 of community control for Appellant failing to remain at his approved residence during specified times.”
Footnote explaining the discrepancy between the alleged condition and the actual facts supporting the violation.
Appellant Quartier was placed on community control with various conditions. A violation was alleged, leading to revocation proceedings, and the trial …
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PER CURIAM. We affirm the order revoking Appellant’s community control and the resulting judgment and sentence following an open plea. However, we remand for the trial court to correct a clerical error in the order to reflect that Appellant admitted to violating Condition 16 of his community control.1 The order presently under review shows a Condition 24 violation, which was never alleged.
AFFIRMED; REMANDED with directions to enter a corrected order of revocation of community control consistent with this opinion. COHEN, C.J., WALLIS and LAMBERT, JJ., concur. 1 The affidavit of violation alleged a Condition 15 violation. However, this too appears to be a clerical error as the factual allegations contained in this paragraph of the affidavit alleging the violation are substantively consistent with a violation of Condition 16 of community control for Appellant failing to remain at his approved residence during specified times.