Abraham Davis v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: December 14, 2018
• Docket: 17-4951
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D17-4951 _____________________________

ABRAHAM DAVIS,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Leon County. James O. Shelfer, Judge.

December 14, 2018

PER CURIAM.

In this appeal pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm the revocation of Appellant’s probation and the resulting judgment and sentence. However, we remand for the trial court to correct two scrivener’s errors in the order of revocation. The order of revocation states Appellant committed two violations of condition 5. It should state that he violated conditions 9 and 32. The order of revocation also erroneously states that he “admitted to the violation allegations contained in the affidavit of violation.” Instead, it should reflect that Appellant was tried and found guilty of violating probation.

AFFIRMED and REMANDED for entry of a corrected order.

LEWIS, WETHERELL, and WINOKUR, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Andy Thomas, Public Defender; Steven Seliger and Joel Arnold, Assistant Public Defenders, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.