Frances Annette Gonzalez v. State of Florida

Summary

The Fifth District Court of Appeal affirmed the revocation of Frances Annette Gonzalez's probation following her admitted violation and failure to participate in drug court. The court held that the revocation was lawful but remanded for correction of a scrivener's error so that the revocation order accurately reflected the basis for the revocation.

Holdings

1. The probation revocation was lawful because the trial court revoked probation based on Gonzalez's admitted violation and her subsequent concession that she failed to participate in drug treatment court while her sentence was held in abeyance.
2. The discrepancy between the oral pronouncement and written revocation order was a scrivener's error requiring remand for correction, but it did not require reversal of the revocation.

Questions Presented

1. Whether the trial court lawfully revoked Gonzalez's probation based on her admitted probation violation and conceded failure to participate in drug treatment court, despite a written revocation order identifying additional violations that she had not admitted.
2. Whether the discrepancy between the trial court's oral pronouncement and the written revocation order required reversal of the probation revocation or only remand for correction of the order.

Disposition

affirmed