ALAIN RODRIGUEZ-ROIG
v.
STATE OF FLORIDA
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A trial court's probation revocation order must be corrected when it contains a scrivener's error misidentifying the number of violations found.
[1] A scrivener's error in a probation revocation order that misidentifies the number of violations found may be corrected on appeal when properly preserved by motion under F…
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Join FLexlaw to unlock all legal intelligenceRodriguez-Roig's probation was revoked after an evidentiary hearing. The revocation order incorrectly stated that Rodriguez-Roig admitted to violating…
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PER CURIAM.
We affirm the revocation of Alain Rodriguez-Roig's probation, but we remand for the trial court to correct a scrivener's error in the revocation order. The revocation order incorrectly states that Rodriguez-Roig admitted to violating condition five (nine counts) of his probation; the order should be corrected to reflect that the trial court found that Rodriguez-Roig violated one count of condition five of his probation after
2
an evidentiary hearing. See Romano v. State, 205 So. 3d 828, 829 (Fla. 2d DCA 2016); Bess v. State, 158 So. 3d 711, 712 (Fla. 2d DCA 2015). Rodriguez-Roig preserved this issue by filing a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b).
Affirmed; remanded.
KHOUZAM, MORRIS, and BLACK, JJ., Concur.
Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Bess v. State, 158 So. 3d 711 (Fla. 2d DCA 2015)
- Romano v. State, 205 So. 3d 828 (Fla. 2d DCA 2016)