Hamilton v. State

128 So. 3d 177, 2013 WL 6246169, 2013 Fla. App. LEXIS 19294
District Court of Appeal of Florida·Decided December 4, 2013·No. No. 2D12-2232·Published·Cited by 5 cases

Opinion

VILLANTI, Judge.

Jerome Hamilton, Jr., challenges the revocation of his felony probation. We affirm, without comment, the trial court’s adjudication and finding that Hamilton willfully violated his probation by committing a new criminal offense. However, as conceded by the State, the revocation order incorrectly states that Hamilton admitted to violating his probation even though the trial court conducted a revocation hearing prior to finding him in violation. Accordingly, we remand for the trial court to correct this scrivener’s error. See Cald-ivell v. State, 72 So.3d 779, 779-80 (Fla. 2d DCA 2011); Neal v. State, 62 So.3d 1277, 1278 (Fla. 2d DCA 2011).

Affirmed and remanded with instructions.

WALLACE and KHOUZAM, JJ., Concur.

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Hamilton v. State, 128 So. 3d 177, 2013 WL 6246169, 2013 Fla. App. LEXIS 19294 (Fla. Ct. App. 2013).

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