Johnson v. State

Full title: JENNIFER JILL JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee.

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

Date published: Jul 24, 2020

299 So. 3d 622 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D19-3598

07-24-2020

Jennifer Jill JOHNSON, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Darnelle P. Lawshe, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

James S. Purdy, Public Defender, and Darnelle P. Lawshe, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders ¹ appeal, we affirm the revocation of Appellant's community control and the resulting sentence. We remand, however, with instructions for the trial court to strike the reference to special condition 15b in the amended order of revocation as it was not a condition of community control in this case, nor was it alleged in the violation affidavit. See Altman v. State, 252 So. 3d 426, 426 (Fla. 1st DCA 2018).

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AFFIRMED; REMANDED with instructions.

COHEN, GROSSHANS, and SASSO, JJ., concur.

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