MARC BAKER
v.
STATE OF FLORIDA
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A probation revocation order may be affirmed on the merits while being remanded to correct a scrivener's error regarding the manner in which the violation was adjudicated.
[1] A scrivener's error in a probation revocation order that mischaracterizes the manner of adjudication as a guilty plea when the violation was actually found after an evide…
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Join FLexlaw to unlock all legal intelligenceMarc Baker's probation was revoked following an evidentiary hearing at which he was found in violation. The revocation order, however, erroneously ind…
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
MARC BAKER, ) ) Appellant, ) ) v. ) Case No. 2D16-1058 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed January 26, 2018. Appeal from the Circuit Court for Lee County; Bruce E. Kyle, Judge. Howard L. Dimmig, II, Public Defender, and Judith Ellis, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellee.
PER CURIAM.
We affirm without comment the order revoking Mr. Baker's probation. However, because the order of revocation erroneously indicates that Mr. Baker pleaded guilty to violating his probation when in fact he was found in violation after an evidentiary hearing, we remand this case for the trial court to correct the scrivener's error. See Turner v. State, 873 So. 2d 480, 480 (Fla. 2d DCA 2004). Affirmed; remanded to correct scrivener's error. NORTHCUTT, CASANUEVA, and SALARIO, JJ., Concur.