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Findley v. State

District Court of Appeal of Florida, First District
Jun 8, 2011
63 So. 3d 853 (Fla. Dist. Ct. App. 2011)

Opinion

No. 1D10-6547.

June 8, 2011.

An appeal from the Circuit Court for Escambia County. W. Joel Boles, Judge.

Nancy A. Daniels, Public Defender, and Joel Arnold and Steven L. Seliger, Assistant Public Defenders, Tallahassee, for Appellant.

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


We affirm the trial court's order revoking probation, lifting a previous suspension of sentence, and sentencing the appellant to 36 months in prison. We remand this case to the trial court, however, to enter a corrected revocation order reflecting that at the violation hearing, the appellant admitted violating only Conditions (3) and (11) and then entered a plea of nolo contendere accordingly. Because the entry of the corrected order is merely a ministerial act, the appellant need not be present. See Enno v. State, 59 So.3d 149 (Fla. 1st DCA 2011); Stokes v. State, 1 So.3d 1141, 1142 (Fla. 1st DCA 2009).

AFFIRMED and REMANDED for entry of a corrected order.

THOMAS, WETHERELL, and MARSTILLER, JJ., concur.


Summaries of

Findley v. State

District Court of Appeal of Florida, First District
Jun 8, 2011
63 So. 3d 853 (Fla. Dist. Ct. App. 2011)
Case details for

Findley v. State

Case Details

Full title:Ervin James FINDLEY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jun 8, 2011

Citations

63 So. 3d 853 (Fla. Dist. Ct. App. 2011)

Citing Cases

Lewis v. State

See Enno v. State, 59 So.3d 149 (Fla. 1st DCA 2011) (remanding for entry of a corrected revocation order…