ALAIN RODRIGUEZ-ROIG v. STATE OF FLORIDA

CourtDistrict Court of Appeal of Florida
DecidedSeptember 27, 2023
Docket21-2996
StatusPublished

This text of ALAIN RODRIGUEZ-ROIG v. STATE OF FLORIDA (ALAIN RODRIGUEZ-ROIG v. STATE OF FLORIDA) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ALAIN RODRIGUEZ-ROIG v. STATE OF FLORIDA, (Fla. Ct. App. 2023).

Opinion

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

ALAIN RODRIGUEZ-ROIG,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 2D21-2996

September 27, 2023

Appeal from the Circuit Court for Hillsborough County; Christine Ann Marlewski, Judge.

Howard L. Dimmig, II, Public Defender, and Matthew J. Salvia, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Katherine Coombs Cline, Senior Assistant Attorney General, Tampa, for Appellee.

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 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.

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Related

Bess v. State
158 So. 3d 711 (District Court of Appeal of Florida, 2015)
Romano v. State
205 So. 3d 828 (District Court of Appeal of Florida, 2016)

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Bluebook (online)
ALAIN RODRIGUEZ-ROIG v. STATE OF FLORIDA, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alain-rodriguez-roig-v-state-of-florida-fladistctapp-2023.