JAMES EARL DUNN v. STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: June 8, 2018
• Docket: 17-1580
• Status: Published

Opinion

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

JAMES EARL DUNN, DOC# 234394, ) ) Appellant, ) ) v. ) Case No. 2D17-1580 ) STATE OF FLORIDA, ) ) Appellee. ) )

Opinion filed June 8, 2018.

Appeal from the Circuit Court for Pasco County; Susan G. Barthle, Judge.

Howard L. Dimmig, II, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

We affirm the revocation of Mr. Dunn's community control without

comment. We write only to note that the revocation order erroneously indicates that Mr.

Dunn violated condition fifteen of his community control. As the substance of the

revocation order and the rest of the record makes clear, Mr. Dunn was actually found to

be in violation of condition seventeen. We therefore remand this case for the trial court to render a corrected revocation order. See Turner v. State, 873 So. 2d 480, 481 (Fla.

2d DCA 2004); Greer v. State, 831 So. 2d 1261, 1262 (Fla. 2d DCA 2002).

Affirmed; remanded to correct scrivener's error.

VILLANTI, KHOUZAM, and SALARIO, JJ., Concur.

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