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Daniels v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jul 8, 2016
200 So. 3d 195 (Fla. Dist. Ct. App. 2016)

Summary

finding that remand was appropriate to correct technical error in order revoking probation to clarify sole condition of probation that defendant admitted to violating

Summary of this case from Garcia v. State

Opinion

No. 5D15–3745.

07-08-2016

Beau DANIELS, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.


James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the judgment and sentences imposed by the trial court following the revocation of Appellant's drug offender probation, but we find it necessary to remand this case with directions that the court correct a scrivener's error in the order revoking probation to reflect that Appellant admitted to violating condition five of his probation. The revocation order inadvertently states that Appellant violated conditions one and two of his probation; however, he was never charged with violating these two conditions. See generally Romine v. State, 184 So.3d 1172, 1174 (Fla. 2d DCA 2015) (finding that remand was appropriate to correct technical error in order revoking probation to clarify sole condition of probation that defendant admitted to violating).

AFFIRMED; REMANDED to correct scrivener's error.

COHEN, WALLIS and LAMBERT, JJ., concur.


Summaries of

Daniels v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jul 8, 2016
200 So. 3d 195 (Fla. Dist. Ct. App. 2016)

finding that remand was appropriate to correct technical error in order revoking probation to clarify sole condition of probation that defendant admitted to violating

Summary of this case from Garcia v. State

finding that remand was appropriate to correct technical error in order revoking probation to clarify sole condition of probation that defendant admitted to violating

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

Daniels v. State

Case Details

Full title:BEAU DANIELS, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jul 8, 2016

Citations

200 So. 3d 195 (Fla. Dist. Ct. App. 2016)

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