DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

JUAN HENRIQUEZ, JR.,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

Nos. 4D2022-0241 and 4D2022-0242

[March 6, 2024]

Consolidated appeals from the Circuit Court for the Fifteenth Judicial 

Circuit, Palm Beach County; Kirk C. Volker, Judge; L.T. Case Nos. 50-

2009-CF-012635-AXXX-MB and 50-2018-CF-005336-AXXX-MB.

Carey Haughwout, Public Defender, and Christine C. Geraghty, 

Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Alexandra A. Folley, 

Assistant Attorney General, West Palm Beach, for appellee.

ON STATE’S MOTION FOR CLARIFICATION

DAMOORGIAN, J.

We grant the State’s motion for clarification of our January 3, 2024,

opinion in case 4D2022-0242, withdraw the opinions issued in cases

4D2022-0241 and 4D2022-0242, sua sponte consolidate cases 4D2022-

0241 and 4D2022-0242 for all purposes, and issue the following opinion 

as shown below.

Juan Henriquez, Jr. (“Defendant”) was involved in an altercation that 

resulted in two charges of aggravated battery. At the time, Defendant was 

on probation for a prior first-degree felony conviction. After Defendant was 

found guilty of one count of aggravated battery and one count of battery, 

the trial court revoked Defendant’s probation based on those convictions. 

The matter thereafter proceeded to a global sentencing hearing where 

Defendant was sentenced as follows: (1) thirty years in prison with a 

mandatory minimum of fifteen years on the aggravated battery and battery 

convictions; and (2) thirty years in prison on the underlying offense in the 
2

probation revocation case, with the sentences in both cases to run 

concurrently.

In case 4D2022-0242, Defendant appeals his convictions and 

sentences for aggravated battery and battery and raises several issues 

relating to the jury instructions, evidentiary rulings, an alleged discovery 

violation, lack of statutorily required written danger findings, a scoresheet 

error, and entitlement to a twelve-person jury. In case 4D2022-0241, 

Defendant appeals the trial court’s violation of probation findings and 

sentence and raises several of the same issues as raised in case 4D2022-

0242.

We affirm Defendant’s convictions and sentences in both cases, but 

remand solely for the trial court (1) in case 4D2022-0241, to make the 

required written findings under section 948.06(8)(e), Florida Statutes 

(2018), that Defendant, as a violent felony offender of special concern, 

poses a danger to the community; and (2) to enter a properly calculated 

scoresheet in cases 4D2022-0241 and 4D2022-0242 by removing the 

twelve points imposed for a non-law violation of probation.1 Assuming the 

record provides the information necessary to make the statutorily required 

written danger findings, the trial court need not conduct a further hearing. 

See Arnone v. State, 204 So. 3d 556, 557–58 (Fla. 4th DCA 2016).

Affirmed and remanded with instructions.

MAY and FORST, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.

1 While the scoresheet error stemmed from the violation of probation case, the 

trial court held a global sentencing hearing in both cases where one scoresheet 

was entered. Thus, our remand instructions apply to both cases.