JAMES EARL DUNN
v.
STATE OF FLORIDA
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A revocation of community control may be affirmed despite a scrivener's error in the revocation order when the record clearly establishes the actual condition violated.
[1] A scrivener's error in a revocation order that incorrectly identifies which condition of community control was violated does not require reversal when the record clearly…
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Join FLexlaw to unlock all legal intelligenceJames Earl Dunn appealed the revocation of his community control. The revocation order erroneously stated that Dunn violated condition fifteen, but th…
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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
JAMES EARL DUNN, DOC# 234394, ) ) Appellant, ) ) v. ) Case No. 2D17-1580 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed June 8, 2018. Appeal from the Circuit Court for Pasco County; Susan G. Barthle, Judge. Howard L. Dimmig, II, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee.
PER CURIAM.
We affirm the revocation of Mr. Dunn's community control without comment. We write only to note that the revocation order erroneously indicates that Mr. Dunn violated condition fifteen of his community control. As the substance of the revocation order and the rest of the record makes clear, Mr. Dunn was actually found to be in violation of condition seventeen. We therefore remand this case for the trial court
to render a corrected revocation order. See Turner v. State, 873 So. 2d 480, 481 (Fla. 2d DCA 2004); Greer v. State, 831 So. 2d 1261, 1262 (Fla. 2d DCA 2002). Affirmed; remanded to correct scrivener's error. VILLANTI, KHOUZAM, and SALARIO, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Turner v. State, 873 So. 2d 480 (Fla. 2d DCA 2004)
- Greer v. State, 831 So. 2d 1261 (Fla. 2d DCA 2002)