Fortner v. State

District Court of Appeal of Florida

Fortner v. State

761 So. 2d 1175, 2000 Fla. App. LEXIS 7845, 2000 WL 801162

CourtDistrict Court of Appeal of Florida

DecidedJune 23, 2000

DocketNo. 2D99-2658

StatusPublished

This text of 761 So. 2d 1175 (Fortner 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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Fortner v. State, 761 So. 2d 1175, 2000 Fla. App. LEXIS 7845, 2000 WL 801162 (Fla. Ct. App. 2000).

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Opinion

CASANUEVA, Judge.

In this Anders¹ appeal we agree with the appellant’s counsel that there are no meritorious issues requiring reversal. Appellant has requested, however, that we remand the case for clarification of the [1176]*1176Order-of Community Control Followed by Probation so that it conforms more precisely to the trial court’s oral pronouncement of a special condition concerning drug treatment. The State has no objection to a remand for that purpose. Therefore, we remand for the trial court to modify the Order of Community Control Followed by Probation as follows: “All original terms remain in effect, except that drug treatment recommendations are limited to outpatient treatment. The defendant is to comply with all outpatient treatment as recommended.”

Affirmed, but remanded for clarification of Order of Community Control Followed by Probation.

GREEN, A.C.J., and DANAHY, PAUL W., (Senior) Judge, Concur.

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CASANUEVA, Judge.

In this Anders¹ appeal we agree with the appellant’s counsel that there are no meritorious issues requiring reversal. Appellant has requested, however, that we remand the case for clarification of the [1176]*1176Order-of Community Control Followed by Probation so that it conforms more precisely to the trial court’s oral pronouncement of a special condition concerning drug treatment. The State has no objection to a remand for that purpose. Therefore, we remand for the trial court to modify the Order of Community Control Followed by Probation as follows: “All original terms remain in effect, except that drug treatment recommendations are limited to outpatient treatment. The defendant is to comply with all outpatient treatment as recommended.”

Affirmed, but remanded for clarification of Order of Community Control Followed by Probation.

GREEN, A.C.J., and DANAHY, PAUL W., (Senior) Judge, Concur.

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761 So. 2d 1175, 2000 Fla. App. LEXIS 7845, 2000 WL 801162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fortner-v-state-fladistctapp-2000.

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