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Allen v. State

District Court of Appeal of Florida, Second District.
Oct 18, 2017
228 So. 3d 681 (Fla. Dist. Ct. App. 2017)

Summary

remanding for correction of revocation order to conform to the oral pronouncement

Summary of this case from Henry v. State

Opinion

Case No. 2D17–910

10-18-2017

Ciera Monique ALLEN, Appellant, v. STATE of Florida, Appellee.

Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.


Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant.

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

SILBERMAN, Judge.

In this Anders appeal, we affirm the revocation of Ciera Monique Allen's drug offender probation and resulting sentence for possession of hydrocodone. We remand only for the trial court to correct the revocation order to conform to the trial court's oral pronouncement. See Jones v. State, 221 So.3d 736, 736 (Fla. 2d DCA 2017) ; Symes v. State, 193 So.3d 1067, 1067 (Fla. 2d DCA 2016).

An amended affidavit of violation of probation (VOP) was filed in January 2017 that alleged one violation of condition 2, two violations of condition 7, two violations of special condition 3, one violation of special condition 7, and one violation of special condition 8. At the revocation hearing, the trial court stated that it would delete the violation of special condition 7, and Allen then admitted to violating the conditions in the amended VOP affidavit. But the written revocation order states that Allen admitted all conditions stated in the January 2017 amended VOP affidavit. Therefore, we remand for the trial court to correct the revocation order to indicate that Allen did not admit to a violation of special condition 7.

Affirmed and remanded.

LaROSE, C.J., and MORRIS, JJ., Concur.

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).


Summaries of

Allen v. State

District Court of Appeal of Florida, Second District.
Oct 18, 2017
228 So. 3d 681 (Fla. Dist. Ct. App. 2017)

remanding for correction of revocation order to conform to the oral pronouncement

Summary of this case from Henry v. State
Case details for

Allen v. State

Case Details

Full title:Ciera Monique ALLEN, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Second District.

Date published: Oct 18, 2017

Citations

228 So. 3d 681 (Fla. Dist. Ct. App. 2017)

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