Summary
affirming revocation but remanding for correction of scrivener's errors where corrected orders still incorrectly reflected that appellant admitted to violations one and sixteen where appellant had actually contested the violations and where trial court only found him in violation of condition one
Summary of this case from Edwards v. StateOpinion
No. 2D14–1305.
2015-07-24
Robert Eugene REAMES, Appellant, v. STATE of Florida, Appellee.
Appeal from the Circuit Court for Charlotte County; Paul Alessandroni, Judge. Howard L. Dimmig, II, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
Appeal from the Circuit Court for Charlotte County; Paul Alessandroni, Judge.
Howard L. Dimmig, II, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
PER CURIAM.
After finding that he willfully violated probation, the trial court revoked Robert Eugene Reames' probation and sentenced him to six years in prison for trafficking in stolen property in case 11–CF–1684 and to a concurrent term of five years in prison for burglary of a structure in case 12–CF–174. We affirm. However, despite the trial court granting Reames' motion to correct scrivener's errors, Reames' corrected orders of probation still contain the errors. Specifically, both orders reflect that he admitted to the violations of probation when he actually contested the violations. Also, the order of revocation in case 12–CF–174 erroneously reflects that the trial court found him to have violated conditions one and sixteen of his probation, when the trial court orally found him to have violated only condition one in that case. Accordingly, we remand for entry of corrected written orders of revocation of probation in cases 11–CF–1684 and 12–CF–174. See Moore v. State, 100 So.3d 81 (Fla. 2d DCA 2011). Reames need not be present when the corrections are made.
Affirmed and remanded for correction of the written orders of revocation of probation. LaROSE, KHOUZAM, and CRENSHAW, JJ., Concur.