Matthew Dale McDonald v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: August 1, 2017
• Docket: 16-5726
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

MATTHEW DALE NOT FINAL UNTIL TIME EXPIRES TO MCDONALD, FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D16-5726 v.

STATE OF FLORIDA,

Appellee.

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Opinion filed August 1, 2017.

An appeal from the Circuit Court for Baker County. James M. Colaw, Judge.

Andy Thomas, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

WOLF, J.

In this appeal filed pursuant to Anders v. California, 386 U.S. 738 (1967),

appellant challenges the trial court’s orders revoking his probation and sentencing

him to 5 years in prison for the underlying offense of aggravated assault with the

intent to commit a felony. We affirm but remand for the trial court to correct a scrivener’s error in the order of revocation that states appellant violated conditions

5 and 35 of the order of probation. It should state that he violated condition 5 and

special condition 12.

AFFIRMED and REMANDED for entry of a corrected order.

ROWE and KELSEY, JJ., CONCUR.