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Benson v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jan 15, 2020
288 So. 3d 769 (Fla. Dist. Ct. App. 2020)

Opinion

No. 1D19-1142

01-15-2020

Colleen BENSON, Appellant, v. STATE of Florida, Appellee.

Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.


Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

Per Curiam.

In this appeal pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm the revocation of the Appellant's probation and the resulting judgment and sentence. However, the order of revocation indicates that the Appellant violated conditions 1, 3, 5, 9, 11, and 15 of her probation. The transcripts of the admission colloquy indicate that the Appellant denied the two violations of condition 3, but otherwise admitted the allegations in the violation of probation affidavit. The State declined to pursue the two violations of condition 3. Therefore, we remand for the correction of the scrivener's error in the order of revocation by removing condition 3 as one of the conditions violated. See Green v. State , 246 So. 3d 1295, 1295-96 (Fla. 1st DCA 2018) (affirming the revocation of a defendant's probation and the resulting sentence in an Anders appeal, but remanding for the correction of a scrivener's error in the revocation order).

Ray, C.J., and Lewis and Bilbrey, JJ., concur.


Summaries of

Benson v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jan 15, 2020
288 So. 3d 769 (Fla. Dist. Ct. App. 2020)
Case details for

Benson v. State

Case Details

Full title:COLLEEN BENSON, Appellant, v. STATE OF FLORIDA, Appellee.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Jan 15, 2020

Citations

288 So. 3d 769 (Fla. Dist. Ct. App. 2020)