Summary
remanding for correction of revocation order to conform to the oral pronouncement
Summary of this case from Henry v. StateOpinion
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).