A Florida court has upheld the revocation of Justin Lee McDaniel's probation while correcting a clerical error in the order. This decision affects McDaniel, who was previously convicted of burglary and grand theft charges, and clarifies the conditions of his probation.
The case, Justin Lee McDaniel v. State of Florida, was filed on November 17, 2021, under docket number 2D19-3134. McDaniel appealed the decision made by the Circuit Court for Hillsborough County, which had found him in violation of his probation. The appeal was heard by the District Court of Appeal of Florida, Second District.
In this case, Justin McDaniel was originally sentenced for burglary of an unoccupied dwelling and grand theft of a motor vehicle. He was placed on probation as part of his sentence. However, the State of Florida alleged that he violated the terms of his probation, leading to a hearing where the court found him in violation of certain conditions.
During the evidentiary hearing, the circuit court determined that McDaniel had violated Condition Five of his probation and a special condition that prohibited him from having contact with certain individuals. However, the written order of revocation inaccurately stated that McDaniel had admitted to violating Condition Five, which was not the case. This discrepancy prompted McDaniel to appeal the decision.
The court ruled on the appeal, affirming the revocation of McDaniel's probation but also addressing the clerical error in the written order. Judge Khouzam stated, "we reverse the revocation order to the extent that it does not conform to the circuit court's oral findings and remand for the correction of this scrivener's error." This means that while the revocation of probation stands, the written order must accurately reflect the court's findings from the hearing.
Judges Casanueva and Labrit concurred with the ruling. The court's decision emphasizes the importance of accuracy in legal documentation and the need for orders to align with oral findings made during hearings.
The impact of this ruling may extend beyond McDaniel's case. It highlights the necessity for courts to ensure that their written orders are precise and consistent with what was determined during hearings. This ruling may serve as a precedent for future cases where discrepancies arise between oral findings and written orders.
Moving forward, this case reinforces the idea that clerical errors can be corrected without undermining the overall legal proceedings. It also indicates that defendants have the right to appeal when such errors occur, ensuring that justice is upheld in the legal process.
As for what’s next for McDaniel, the court has remanded the case back to the lower court for the correction of the scrivener's error. There are no indications in the ruling that further appeals are pending, but McDaniel's legal team may continue to monitor the situation closely.











