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Yates-Bailey v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Jun 30, 2017
221 So. 3d 777 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 2D16–2789

06-30-2017

John Gailan YATES–BAILEY, Appellant, v. STATE of Florida, Appellee.

Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.


Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant.

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

PER CURIAM.

In this Anders appeal, we find no error in Mr. Yates–Bailey's judgment or sentence; however, we remand to the circuit court to correct a scrivener's error in the order of revocation. The order states: "Found in Violation: Revoke probation and sentence the offender to 15 years ['] Prison on [Count] 1 and 5 years['] Prison on [Count] 2." Although the remaining record is clear on this point, the order of revocation fails to correctly recite that Yates–Bailey was found to have violated condition five of his probation—failing to live without violating any law. Accordingly, the order or revocation of probation is remanded for the circuit court to correct the scrivener's error to reflect the violation of condition five.

Affirmed; remanded to correct scrivener's error.

NORTHCUTT, SILBERMAN, and CRENSHAW, JJ., Concur.

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


Summaries of

Yates-Bailey v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Jun 30, 2017
221 So. 3d 777 (Fla. Dist. Ct. App. 2017)
Case details for

Yates-Bailey v. State

Case Details

Full title:JOHN GAILAN YATES-BAILEY, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Jun 30, 2017

Citations

221 So. 3d 777 (Fla. Dist. Ct. App. 2017)