Atkins v. State

District Court of Appeal of Florida

Atkins v. State

77 So. 3d 245, 2012 Fla. App. LEXIS 351, 2012 WL 104502

CourtDistrict Court of Appeal of Florida

DecidedJanuary 13, 2012

Docket1D10-6870

StatusPublished

This text of 77 So. 3d 245 (Atkins v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Atkins v. State, 77 So. 3d 245, 2012 Fla. App. LEXIS 351, 2012 WL 104502 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

Antonio Atkins appeals the order revoking his probation and the resulting sentence. We affirm the trial court’s finding that Mr. Atkins violated his probation. See Yerrick v. State, 979 So.2d 1228, 1229 (Fla. 4th DCA 2008); Headley v. State, 770 So.2d 1244 (Fla. 1st DCA 2000). We reverse the sentence and remand for resen-tencing before a different judge. See Carswell v. State, 75 So.3d 419 (Fla. 1st DCA 2011). Because the order revoking probation incorrectly states that Mr. Atkins admitted violating probation, we direct that this scrivener’s error be corrected on remand.

Affirmed in part, reversed in part, and remanded.

BENTON, C.J., DAVIS, and MARSTILLER, JJ., concur.

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PER CURIAM.

Antonio Atkins appeals the order revoking his probation and the resulting sentence. We affirm the trial court’s finding that Mr. Atkins violated his probation. See Yerrick v. State, 979 So.2d 1228, 1229 (Fla. 4th DCA 2008); Headley v. State, 770 So.2d 1244 (Fla. 1st DCA 2000). We reverse the sentence and remand for resen-tencing before a different judge. See Carswell v. State, 75 So.3d 419 (Fla. 1st DCA 2011). Because the order revoking probation incorrectly states that Mr. Atkins admitted violating probation, we direct that this scrivener’s error be corrected on remand.

Affirmed in part, reversed in part, and remanded.

BENTON, C.J., DAVIS, and MARSTILLER, JJ., concur.

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Bluebook (online)

77 So. 3d 245, 2012 Fla. App. LEXIS 351, 2012 WL 104502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atkins-v-state-fladistctapp-2012.

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