MELISSA SUE BAILOR v. STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: March 15, 2024
• Docket: 23-2343
• Status: Published

Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D23-2343 LT Case No.2020-CF-001639 _____________________________

MELISSA SUE BAILOR,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Hernando County. Stephen E. Toner, Jr., Judge.

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.

March 15, 2024

PER CURIAM.

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.

WALLIS, HARRIS, and BOATWRIGHT, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________