CARLYLE GREEN
v.
STATE OF FLORIDA
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Carlyle Green appeals his probation revocation sentence imposed after a hearing where he was found guilty of tampering with evidence while on probation from a home invasion robbery conviction. The appellate court affirmed the revocation and sentence but remanded for correction of a scrivener's error in the written judgment.
The trial court properly revoked probation and imposed sentence. However, the written judgment contained a scrivener's error by incorrectly indicating that Green admitted the probation violation when he actually contested it and the trial court found the violation after a hearing.
[1] A scrivener's error in a written judgment that mischaracterizes whether a defendant admitted or contested a probation violation may be corrected on remand without requiri…
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Join FLexlaw to unlock all legal intelligence“The written judgment entered in this case contains a scrivener's error erroneously showing that Appellant admitted the violation of probation. However, Appellant contested the violation, and after a revocation hearing, the trial court found he violated his probation.”
Establishes the nature of the error: the judgment mischaracterized Green's position and the procedural method by which the court made its finding
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGreen previously pled no contest to home invasion robbery with a firearm while wearing a mask and was sentenced to fifteen years in prison with a ten-…
The full statement of facts, procedural history, and disposition for this case are member content.
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Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Steven J. Levin, Judge; L.T. Case No. 562007CF004356A.
Carey Haughwout, Public Defender, and Patrick B. Burke, Assistant Public Defender, West Palm Beach, for appellant.
Ashley Moody, Attorney General, Tallahassee, and Luke R. Napodano, Senior Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM.
Appellant Carlyle Green previously pled no contest to home invasion robbery with a firearm while wearing a mask. He was adjudicated guilty and sentenced to fifteen years in prison with a ten-year mandatory minimum, followed by five years of probation. Appellant was later charged with violating his probation by tampering with evidence. After a revocation hearing, the trial court adjudicated Appellant guilty of violating probation. The trial court sentenced Appellant to 200 months in prison, followed by two years of community control, followed by five years of probation. Appellant challenges this judgment and sentence. We affirm in all respects except for the written judgment, which we remand for correction of a scrivener’s error.
The written judgment entered in this case contains a scrivener’s error erroneously showing that Appellant admitted the violation of probation. However, Appellant contested the violation, and after a revocation hearing, the trial court found he violated his probation. We remand with directions to correct the scrivener’s error. See Widel v. State, 120 So. 3d 68, 69 (Fla.
2
4th DCA 2013); Sirota v. State, 977 So. 2d 700, 701 (Fla. 4th DCA 2008). Appellant need not be present for this correction.
Affirmed; remanded to correct scrivener’s error. KLINGENSMITH, C.J., GERBER and LEVINE, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Major Battle Mills v. State, 977 So. 2d 700 (Fla. 5th DCA 2008)
- Widel v. State, 120 So. 3d 68 (Fla. 4th DCA 2013)