Church v. State

Full title: Brandon J. CHURCH, a/k/a Brandon James Church, Appellant, v. STATE of…

Court: District Court of Appeal of Florida, Second District.

Date published: Apr 2, 2014

157 So. 3d 1053 (Fla. Dist. Ct. App. 2014)

Opinion

No. 2D13–1184.

04-02-2014

Brandon J. CHURCH, a/k/a Brandon James Church, Appellant, v. STATE of Florida, Appellee.

Howard L. Dimmig, II, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee.

VILLANTI, Judge.

Howard L. Dimmig, II, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee.

Opinion

VILLANTI, Judge.

In this Anders ¹ appeal, we affirm Brandon James Church's judgment and sentence but remand for the trial court to correct a scrivener's error in the order revoking probation. At the violation of probation hearing, Church admitted to and was sentenced based upon only one condition five violation, a second-degree misdemeanor. However, because the violation order contains a scrivener's error reflecting two condition five violations, we must remand the matter back to the trial court to enter a corrected violation order. See Hamilton v. State, 128 So.3d 177, 177 (Fla. 2d DCA 2013).

1

Affirmed and remanded.

LaROSE and SLEET, JJ., Concur.

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