TRAVIANCE POLITE vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: June 3, 2022
• Docket: 21-2898
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

TRAVIANCE POLITE,

Appellant,

v. Case No. 5D21-2898 LT Case No. 2006-CF-003249-A

STATE OF FLORIDA,

Appellee.

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Opinion filed June 3, 2022

Appeal from the Circuit Court for Seminole County, Melissa Souto, Judge.

Matthew J. Metz, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM. In this Anders1 appeal, we affirm the judgment and sentence imposed

on Traviance Polite following the revocation and termination of his probation.

We remand, however, for the correction of a scrivener’s error. The affidavit

of violation alleged Polite violated condition 4 of his probation by possessing

a firearm. Following a hearing, the trial court ruled Polite had possessed a

firearm in violation of his probation but orally proclaimed that he violated

condition 6. Polite’s sentence reflects multiple violations of condition 5. On

remand, the trial court should correct its order revoking and terminating

probation to reflect Polite violated condition 4. See Harrison v. State, 313 So.

3d 926, 926–27 (Fla. 5th DCA 2021) (remanding to correct scrivener’s error

in revocation order to correctly reflect condition violated).

AFFIRMED and REMANDED.

LAMBERT, C.J., TRAVER and NARDELLA, JJ., concur.

1 Anders v. California, 386 U.S. 738 (1967).