Clifton D. Ephron v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: May 30, 2019
• Docket: 17-5132
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D17-5132 _____________________________

CLIFTON D. EPHRON,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Columbia County. Wesley R. Douglas, Judge.

May 30, 2019

PER CURIAM.

In this appeal filed pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm the orders revoking Appellant’s probation and imposing sentence. However, we remand for the entry of a corrected revocation of probation order specifying that Appellant only admitted to violating Condition 1 of his probation. See Bussie v. State, 263 So. 3d 229, 229 (Fla. 1st DCA 2019) (affirming the revocation of the appellant’s probation and the resulting sentence in the Anders appeal but remanding for the trial court to enter a corrected written order specifying that the appellant only admitted to violating the conditions of probation as alleged in the affidavit of violation of probation); Altman v. State, 252 So. 3d 426, 426 (Fla. 1st DCA 2018) (affirming the revocation of the appellant’s probation and the resulting sentence in the Anders appeal but remanding for the trial court to enter a corrected written order specifying that the appellant only admitted to violating the conditions of probation as alleged in grounds I through X of the fourth amended affidavit of violation of probation); Margolis v. State, 148 So. 3d 532, 532 (Fla. 2d DCA 2014) (affirming the revocation of probation and sentence in the Anders appeal but remanding for entry of a corrected order accurately reflecting the conditions of probation the appellant admitted to violating).

AFFIRMED but REMANDED for correction.

LEWIS, WINSOR, and M.K. THOMAS, 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, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.