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Reed v. State

Florida Court of Appeals, Fourth District

July 10, 2019

MICHAEL REED, Appellant,
v.
STATE OF FLORIDA, Appellee.

         Not final until disposition of timely filed motion for rehearing.

          Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Usan, Judge; L.T. Case No. 10018914 CF10A.

          Carey Haughwout, Public Defender, and Jessica A. De Vera, Assistant Public Defender, West Palm Beach, for appellant.

          Ashley Moody, Attorney General, Tallahassee, and Anesha Worthy, Assistant Attorney General, West Palm Beach, for appellee.

          TAYLOR, J.

         Michael 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.

         Appellant 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 appellant violated.

         Background

         In 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.

         In 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.

         Because 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.

         The 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.

         Appellant 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 time period.[1]

         Scoresheet ...


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