Balmir v. State

District Court of Appeal of Florida

Balmir v. State

174 So. 3d 1101, 2015 Fla. App. LEXIS 13906, 2015 WL 5459990

CourtDistrict Court of Appeal of Florida

DecidedSeptember 18, 2015

Docket2D13-4896

StatusPublished

Cited by2 cases

This text of 174 So. 3d 1101 (Balmir 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

Balmir v. State, 174 So. 3d 1101, 2015 Fla. App. LEXIS 13906, 2015 WL 5459990 (Fla. Ct. App. 2015).

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Opinion

KHOUZAM, Judge.

Andy R. Balmir challenges the revocation of his drug offender probation. We affirm without comment the trial court’s adjudication and finding that Balmir willfully violated his probation by committing a hew criminal offense. However, as the State concedes, the revocation order incorrectly states that Balmir admitted to violating his probation even though the trial court conducted a revocation hearing prior to finding him in violation. Therefore, we remand for the trial court to correct this scrivener’s error. See Hamilton v. State, 128 So.3d 177, 177 (Fla. 2d DCA 2013).

Affirmed and remanded with instructions.

CASANUEVA and BLACK, JJ., Concur.

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KHOUZAM, Judge.

Andy R. Balmir challenges the revocation of his drug offender probation. We affirm without comment the trial court’s adjudication and finding that Balmir willfully violated his probation by committing a hew criminal offense. However, as the State concedes, the revocation order incorrectly states that Balmir admitted to violating his probation even though the trial court conducted a revocation hearing prior to finding him in violation. Therefore, we remand for the trial court to correct this scrivener’s error. See Hamilton v. State, 128 So.3d 177, 177 (Fla. 2d DCA 2013).

Affirmed and remanded with instructions.

CASANUEVA and BLACK, JJ., Concur.

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174 So. 3d 1101, 2015 Fla. App. LEXIS 13906, 2015 WL 5459990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balmir-v-state-fladistctapp-2015.

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