Partee v. State

Full title: Antwuan Partee, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Jun 28, 2021

No. 1D20-2376 (Fla. Dist. Ct. App. Jun. 28, 2021)

Opinion

1D20-2376

06-28-2021

Antwuan Partee, Appellant, v. State of Florida, Appellee.

Jessica J. Yeary, Public Defender, and Jasmine Russell, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Baker County. James M. Colaw, Judge.

Jessica J. Yeary, Public Defender, and Jasmine Russell, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this Anders appeal, we affirm Appellant's judgment and sentence, but remand for the trial court to correct a scrivener's error in the order revoking Appellant's community control and to specify the conditions of community control Appellant violated. See Harris v. State, 229 So.3d 444 (Fla. 1st DCA 2017); Leggs v. State, 27 So.3d 155 (Fla. 1st DCA 2010). Appellant was not on community control for count II, attempted sexual battery, as stated in the revocation order because he did not plead to that offense in his original plea bargain on July 30, 2019, and the offense was omitted from the judgment and sentence. We therefore remand for the trial court to correct the revocation order.

Roberts, Rowe, and Jay, JJ., concur.