final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Michael A. Usan, Judge; L.T. Case No.
Haughwout, Public Defender, and Jessica A. De Vera, Assistant
Public Defender, West Palm Beach, for appellant.
Moody, Attorney General, Tallahassee, and Anesha Worthy,
Assistant Attorney General, West Palm Beach, for appellee.
Reed appeals the revocation of his probation and sentence. He
argues that the trial court lacked jurisdiction to adjudicate
the violation of probation charges filed against him in 2017
because the trial court orally imposed only a year of
probation in 2013. We affirm on this issue, because the State
conclusively demonstrated that the trial judge had, in fact,
orally pronounced a term of "eight years" of
probation. The reference to "a year" of probation
in the original transcript was a scrivener's error by the
court reporter. The court reporter acknowledged the error and
prepared a corrected transcript.
also argues that the trial court erred in denying his motion
to correct sentence under Rule 3.800(b)(2) because: (1) his
scoresheet was miscalculated, (2) the court failed to make
adequate written findings regarding the probation terms he
violated, and (3) the court failed to make findings of fact
supporting its determination that appellant poses a danger to
the community. We conclude that the trial court's danger
findings were sufficient, but we reverse for resentencing due
to the scoresheet error. We also remand for entry of a
revocation order specifying the conditions of probation that
2013, appellant entered an open plea of no contest to charges
of aggravated battery with a deadly weapon (Count I) and
driving under the influence (Count II). As to Count I,
appellant was sentenced to two years of community control
followed by eight years of probation.
2017, the State filed an affidavit of violation of probation
alleging that appellant violated probation by being arrested
for a DUI, failing to abstain from alcohol or illegal drugs,
and failing to pay costs of supervision. Appellant admitted
the allegations in the affidavit.
appellant was on felony probation for an aggravated battery
committed after the effective date of Florida's
Anti-Murder Act, appellant qualified as a Violent Felony
Offender of Special Concern ("VFOSC"). §
948.06(8)(c), Fla. Stat. (2017). Accordingly, the trial court
held a hearing to determine whether appellant posed a danger
to the community. After the hearing, the trial court found
that appellant posed a danger to the community, revoked his
probation, and sentenced him to a bottom-of-the-guidelines
sentence of 37.05 months in prison.
trial court later entered an order containing written
findings to support its determination that appellant posed a
danger to the community. However, the order failed to specify
the conditions of probation that appellant violated.
later moved to correct his sentence under Rule 3.800(b)(2).
However, the trial court did not rule on the motion within 60
days, and there was no showing of good cause to extend the