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Otero v. State

District Court of Appeal of Florida, Fifth District.
Feb 11, 2022
333 So. 3d 356 (Fla. Dist. Ct. App. 2022)

Opinion

Case No. 5D21-2194

02-11-2022

Christian Jordie OTERO, Appellant, v. STATE of Florida, Appellee.

Matthew J. Metz, Public Defender, and Glendon G. Gordon, Jr., Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Daniel P. Caldwell, Assistant Attorney General, Daytona Beach, for Appellee.


Matthew J. Metz, Public Defender, and Glendon G. Gordon, Jr., Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Daniel P. Caldwell, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM. In this Anders appeal, we affirm the trial court's order revoking Appellant's probation following a bench trial and the resulting judgment and sentence. We do, however, find it necessary to remand this case for the entry of an amended revocation order to correct two ministerial errors.

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

First, the present order does not indicate the specific conditions of probation the trial court found Appellant to have violated. See King v. State , 46 So. 3d 1171, 1172 (Fla. 4th DCA 2010) ("If a trial court revokes a defendant's probation, the court is required to render a written order noting the specific conditions of probation that were violated."). Second, the order states that Appellant admitted to violating his probation instead of showing that he was found in willful violation of probation after trial.

Accordingly, the trial court is directed to enter an amended order revoking Appellant's probation with these two ministerial corrections.

Appellant does not need to be present for the entry of the amended order.

AFFIRMED; REMANDED, with directions.

LAMBERT, C.J., EDWARDS and HARRIS, JJ., concur.


Summaries of

Otero v. State

District Court of Appeal of Florida, Fifth District.
Feb 11, 2022
333 So. 3d 356 (Fla. Dist. Ct. App. 2022)
Case details for

Otero v. State

Case Details

Full title:Christian Jordie OTERO, Appellant, v. STATE of Florida, Appellee.

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

Date published: Feb 11, 2022

Citations

333 So. 3d 356 (Fla. Dist. Ct. App. 2022)

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