Flemon v. State

District Court of Appeal of Florida

Flemon v. State

206 So. 3d 94, 2016 Fla. App. LEXIS 16709

CourtDistrict Court of Appeal of Florida

DecidedNovember 9, 2016

DocketNo. 1D16-1676

StatusPublished

This text of 206 So. 3d 94 (Flemon 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.

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Flemon v. State, 206 So. 3d 94, 2016 Fla. App. LEXIS 16709 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

Appellant filed an initial brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), which requires that this court independently “examine the record to the extent necessary to discover any errors apparent on the face of the record.” State v. Causey, 603 So.2d 321, 322 (Fla.1987). After review of the record, we affirm the trial court’s revocation of probation and subsequent sentence. However, we remand for correction of a scrivener’s error in the Order of Revocation as it fails to state the condition of probation violated by Appellant. See Long v. State, 886 So.2d 280 (Fla. 1st DCA 2004). Accordingly, the Order of Revocation of Probation should be amended to comport with the oral pronouncement of the trial court with violation of Condition 5 noted in the Order. Kemp v. State, 135 So.3d 347, 348 (Fla. 1st DCA 2013).

AFFIRMED; REMANDED with directions.

WOLF, BILBREY, and M.K. THOMAS, JJ., concur.

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PER CURIAM.

Appellant filed an initial brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), which requires that this court independently “examine the record to the extent necessary to discover any errors apparent on the face of the record.” State v. Causey, 603 So.2d 321, 322 (Fla.1987). After review of the record, we affirm the trial court’s revocation of probation and subsequent sentence. However, we remand for correction of a scrivener’s error in the Order of Revocation as it fails to state the condition of probation violated by Appellant. See Long v. State, 886 So.2d 280 (Fla. 1st DCA 2004). Accordingly, the Order of Revocation of Probation should be amended to comport with the oral pronouncement of the trial court with violation of Condition 5 noted in the Order. Kemp v. State, 135 So.3d 347, 348 (Fla. 1st DCA 2013).

AFFIRMED; REMANDED with directions.

WOLF, BILBREY, and M.K. THOMAS, JJ., concur.

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206 So. 3d 94, 2016 Fla. App. LEXIS 16709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flemon-v-state-fladistctapp-2016.

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