Swaford v. State

320 So.3d 331 (Mem)

Jerrett SWAFORD, Appellant,

v.STATE of Florida, Appellee.

No. 2D19-4601

District Court of Appeal of Florida, Second District.

June 2, 2021

Robert David Malove of The Law Office of Robert David Malove, P.A., Ft. Lauderdale, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and C. Todd Chapman, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Jerrett Swaford appeals the revocation of his probation and resulting sentence of 150 months in prison followed by ten years of sex offender probation for the underlying crime of sexual activity with a child. We affirm the revocation and resulting sentence without further comment. However, during the pendency of this appeal, this court requested supplementation of the record with the order of revocation, which was entered after the notice of appeal had been filed. Upon receipt of the order, several scrivener's errors were identified: (1) the order improperly states that Swaford admitted to violating his probation, but this is inaccurate as Swaford contested the allegations at a violation of probation hearing; (2) the order improperly refers to violations of conditions twenty-one and thirty, but it is clear based on the substantive descriptions of those conditions in the order and based on the transcript of the hearing that the trial court meant to refer to violations of conditions twenty and twenty-nine; and (3) the order improperly states that Swaford was found in violation of condition twenty-nine (referred to as condition thirty in the order), even though the transcript from the hearing reflects that the trial court declined to find him in violation of that condition. Thus although we have concluded that no reversible error occurred, we sua sponte remand for correction of these scrivener's errors for purposes of accuracy. See Shuey v. State , 950 So. 2d 1285, 1285 (Fla. 5th DCA 2007). Swaford need not be present for the correction. See Royce v. State...