Kirkland v. State

District Court of Appeal of Florida

Kirkland v. State

185 So. 3d 713, 2016 Fla. App. LEXIS 2202, 2016 WL 634090

CourtDistrict Court of Appeal of Florida

DecidedFebruary 17, 2016

Docket2D15-635

StatusPublished

This text of 185 So. 3d 713 (Kirkland 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.

Bluebook

Kirkland v. State, 185 So. 3d 713, 2016 Fla. App. LEXIS 2202, 2016 WL 634090 (Fla. Ct. App. 2016).

Pincite

Opinion

*714 SALARIO, Judge.

•Edison Kirkland appeals from an order revoking Ms probation and the resulting sentence entered on his conviction for a domestic battery by strangulation after he was found -to be in violation of condition five of his probation, the commission of a new law violation. We affirm the revocation of his probation without comment and write only to correct a scrivener’s error apparent on the face of the probation revocation order.' •

The order states that Mr. Kirkland violated conditions three and five of his probation. The transcript of the plea hearing reflects, however, that the trial court found he did not violate condition three and revoked his probation based only on the violation of condition five. We therefore remand for the limited purpose of correcting the order of revocation to accurately reflect the basis for his revocation. See Margolis v. State, 148 So.3d 532, 532 (Fla. 2d DCA 2014).

Affirmed; remanded with instructions.

LaROSE AND MORRIS, JJ., Concur.

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