TRAVIANCE POLITE
v.
STATE OF FLORIDA
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A probation revocation order must be remanded for correction when a scrivener's error causes the trial court to state the wrong condition was violated, even though the underlying violation is properly established.
[1] A scrivener's error in a probation revocation order identifying an incorrect condition number requires remand for correction even where the trial court's factual findings…
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Join FLexlaw to unlock all legal intelligenceTraviance Polite's probation was revoked and terminated following a hearing where evidence established he possessed a firearm in violation of conditio…
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PER CURIAM.
In this Anders1 appeal, we affirm the judgment and sentence imposed on Traviance Polite following the revocation and termination of his probation. We remand, however, for the correction of a scrivener’s error. The affidavit of violation alleged Polite violated condition 4 of his probation by possessing a firearm. Following a hearing, the trial court ruled Polite had possessed a firearm in violation of his probation but orally proclaimed that he violated condition 6. Polite’s sentence reflects multiple violations of condition 5. On remand, the trial court should correct its order revoking and terminating probation to reflect Polite violated condition 4. See Harrison v. State, 313 So. 3d 926, 926–27 (Fla. 5th DCA 2021) (remanding to correct scrivener’s error in revocation order to correctly reflect condition violated). AFFIRMED and REMANDED.
LAMBERT, C.J., TRAVER and NARDELLA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Harrison v. State, 313 So. 3d 926 (Fla. 5th DCA 2021)