Church v. State

District Court of Appeal of Florida

Church v. State

157 So. 3d 1053, 2014 WL 1303205, 2014 Fla. App. LEXIS 4784

CourtDistrict Court of Appeal of Florida

DecidedApril 2, 2014

DocketNo. 2D13-1184

StatusPublished

This text of 157 So. 3d 1053 (Church 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

Church v. State, 157 So. 3d 1053, 2014 WL 1303205, 2014 Fla. App. LEXIS 4784 (Fla. Ct. App. 2014).

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Opinion

VILLANTI, Judge.

In this Anders¹ appeal, we affirm Brandon James Church’s judgment and sentence but remand for the trial court to correct a scrivener’s error in the order revoking probation. At the violation of probation hearing, Church admitted to and was sentenced based upon only one condition five violation, a second-degree misdemeanor. However, because the violation order contains a scrivener’s error reflecting two condition five violations, we must remand the matter back to the trial court to enter a corrected violation order. See Hamilton v. State, 128 So.3d 177,177 (Fla. 2d DCA 2013).

Affirmed and remanded.

LaROSE and SLEET, JJ„ Concur.

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VILLANTI, Judge.

In this Anders¹ appeal, we affirm Brandon James Church’s judgment and sentence but remand for the trial court to correct a scrivener’s error in the order revoking probation. At the violation of probation hearing, Church admitted to and was sentenced based upon only one condition five violation, a second-degree misdemeanor. However, because the violation order contains a scrivener’s error reflecting two condition five violations, we must remand the matter back to the trial court to enter a corrected violation order. See Hamilton v. State, 128 So.3d 177,177 (Fla. 2d DCA 2013).

Affirmed and remanded.

LaROSE and SLEET, JJ„ Concur.

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157 So. 3d 1053, 2014 WL 1303205, 2014 Fla. App. LEXIS 4784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/church-v-state-fladistctapp-2014.

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