Travis v. State

District Court of Appeal of Florida

Travis v. State

858 So. 2d 1095, 2003 Fla. App. LEXIS 14912, 2003 WL 22259519

CourtDistrict Court of Appeal of Florida

DecidedOctober 3, 2003

DocketNo. 1D02-3676

StatusPublished

This text of 858 So. 2d 1095 (Travis 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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Travis v. State, 858 So. 2d 1095, 2003 Fla. App. LEXIS 14912, 2003 WL 22259519 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

Upon review of appellant’s Anders1 brief, we affirm the revocation of probation, but remand for entry of an amended order of revocation of probation that conforms with the court’s oral pronouncement. The written revocation order states that appellant violated condition 5 of his probation as set out in the amended affidavit of violation of probation. The amended affidavit lists four violations, yet the prosecutor opted to proceed only on the battery charge, and the court only found a violation based upon appellant’s commission of a battery. The case is therefore remanded to the trial court for entry of an amended order. Appellant need not be present. See Cozart v. State, 823 So.2d 234 (Fla. 1st DCA2002).

AFFIRMED in part and REMANDED.

ERVIN, ALLEN and LEWIS, JJ., concur.

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PER CURIAM.

Upon review of appellant’s Anders1 brief, we affirm the revocation of probation, but remand for entry of an amended order of revocation of probation that conforms with the court’s oral pronouncement. The written revocation order states that appellant violated condition 5 of his probation as set out in the amended affidavit of violation of probation. The amended affidavit lists four violations, yet the prosecutor opted to proceed only on the battery charge, and the court only found a violation based upon appellant’s commission of a battery. The case is therefore remanded to the trial court for entry of an amended order. Appellant need not be present. See Cozart v. State, 823 So.2d 234 (Fla. 1st DCA2002).

AFFIRMED in part and REMANDED.

ERVIN, ALLEN and LEWIS, JJ., concur.

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858 So. 2d 1095, 2003 Fla. App. LEXIS 14912, 2003 WL 22259519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/travis-v-state-fladistctapp-2003.

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