Tecchio v. State

Full title: LINDA COCHRAN TECCHIO, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fifth District

Date published: Mar 31, 2023

No. 5D22-1820 (Fla. Dist. Ct. App. Mar. 31, 2023)

Opinion

5D22-1820 5D22-1823

03-31-2023

LINDA COCHRAN TECCHIO, Appellant, v. STATE OF FLORIDA, Appellee.

Matthew J. Metz, Public Defender, and Robert J. Pearce, III, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM

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

Appeal from the Circuit Court for Marion County, LT Case Nos. 2020-CF-004001-A, 2020-CF-004002-A Lisa D. Herndon, Judge.

Matthew J. Metz, Public Defender, and Robert J. Pearce, III, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM

In this Anders ¹ appeal, we affirm the judgments and sentences imposed by the trial court following revocation of Appellant's probation. However, we remand for correction of two scrivener's errors in the orders revoking probation to reflect that Appellant was found to have violated condition 5 in 2020-CF-4001 and condition 5 and special condition 2 in 2020-CF-4002. See Polite v. State, 339 So.3d 486 (Fla. 5th DCA 2022); Harrison v. State, 313 So.3d 926 (Fla. 5th DCA 2021). Neither order should reflect a violation of standard condition 2.

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

AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENER'S ERROR.

WALLIS, EDWARDS and HARRIS JJ., concur.