BAILOR v. STATE (2024)

District Court of Appeal of Florida, Fifth District.

Melissa Sue BAILOR, Appellant, v. STATE of Florida, Appellee.

Case No. 5D23-2343

Decided: March 15, 2024

Matthew J. Metz, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm the judgment and sentence imposed by the trial court following the revocation of Appellant's drug offender probation, but we find it necessary to remand this case with directions that the court correct a scrivener's error in the order revoking probation to reflect that Appellant did not commit a violation of condition 24 of her probation. The revocation order inadvertently states that Appellant violated condition 24 of her probation; however, she was never charged with violating this condition, nor was this condition part of her original order of drug offender probation. See generally Daniels v. State, 200 So. 3d 195 (Fla. 5th DCA 2016) (finding that remand was appropriate to correct technical error in order revoking probation to clarify sole condition of probation that defendant admitted to violating).

Affirmed; Remanded to correct scrivener's error.

Per Curiam.

Wallis, Harris, and Boatwright, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network