Hayes v. State

District Court of Appeal of Florida

Hayes v. State

845 So. 2d 950, 2003 Fla. App. LEXIS 6034, 2003 WL 1955732

CourtDistrict Court of Appeal of Florida

DecidedApril 28, 2003

DocketNo. 1D02-3339

StatusPublished

This text of 845 So. 2d 950 (Hayes 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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Hayes v. State, 845 So. 2d 950, 2003 Fla. App. LEXIS 6034, 2003 WL 1955732 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

This direct criminal appeal was brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Having reviewed the entire record, we agree that no reversible error occurred and affirm the revocation of the appellant’s probation, and imposition of judgment and sentence. However, the trial court technically erred by entering a written Order of Revocation of Probation in which the trial court found that the appellant had violated four conditions of probation, when the appellant only admitted to violating two counts and the state chose not to pursue the remaining counts. Accordingly, we remand for correction of the written order of revocation. See Curl v. State, 823 So.2d 214 (Fla. 1st DCA 2002). The appellant need not be present.

AFFIRMED.

KAHN, VAN NORTWICK, and BROWNING, JJ„ concur.

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PER CURIAM.

This direct criminal appeal was brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Having reviewed the entire record, we agree that no reversible error occurred and affirm the revocation of the appellant’s probation, and imposition of judgment and sentence. However, the trial court technically erred by entering a written Order of Revocation of Probation in which the trial court found that the appellant had violated four conditions of probation, when the appellant only admitted to violating two counts and the state chose not to pursue the remaining counts. Accordingly, we remand for correction of the written order of revocation. See Curl v. State, 823 So.2d 214 (Fla. 1st DCA 2002). The appellant need not be present.

AFFIRMED.

KAHN, VAN NORTWICK, and BROWNING, JJ„ concur.

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845 So. 2d 950, 2003 Fla. App. LEXIS 6034, 2003 WL 1955732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-state-fladistctapp-2003.

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