Barber v. State

Full title: DAVID AUBREY BARBER, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fifth District

Date published: Jul 1, 2022

No. 5D22-0052 (Fla. Dist. Ct. App. Jul. 1, 2022)

Opinion

5D22-0052

07-01-2022

DAVID AUBREY BARBER, Appellant, v. STATE OF FLORIDA, Appellee.

Matthew J. Metz, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

WOZNIAK, J.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Appeal from the Circuit Court for Seminole County, Donna L. Mcintosh, Judge.LT Case No. 2019-CF-000447-A

Matthew J. Metz, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

OPINION

WOZNIAK, J.

In this Anders ¹ appeal, we affirm the judgment and sentence imposed following the trial court's finding that Appellant violated provisions of his community control. However, we remand this matter with instructions to the trial court to enter a written revocation order that conforms to the court's oral pronouncement of the specific conditions of community control that Appellant violated and to enter a corrected sentencing order that reflects the orally pronounced jail credit of 193 days. See, e.g., Roberts v. State, 252 So.3d 424 (Fla. 5th DCA 2018) (affirming Anders appeal but remanding for correction of scrivener's error in sentencing order); Patt v. State, 876 So.2d 1278 (Fla. 5th DCA 2004) (affirming revocation of community control and remanding for entry of order reflecting orally pronounced findings of conditions violated).

1 Anders v. California, 386 U.S. 738 (1967).

AFFIRMED and REMANDED with instructions.

LAMBERT, CJ, and SASSO, J, concur