Opinion
Case No. 1D02-3676.
Opinion filed October 3, 2003. Rehearing Denied November 14, 2003.
An appeal from the Circuit Court for Escambia County. T. Michael Jones, Judge.
Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant, and Appellant, pro se.
Charles J. Crist, Jr., Attorney General, and James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.
Upon review of appellant's Anders brief, we affirm the revocation of probation, but remand for entry of an amended order of revocation of probation that conforms with the court's oral pronouncement. The written revocation order states that appellant violated condition 5 of his probation as set out in the amended affidavit of violation of probation. The amended affidavit lists four violations, yet the prosecutor opted to proceed only on the battery charge, and the court only found a violation based upon appellant's commission of a battery. The case is therefore remanded to the trial court for entry of an amended order. Appellant need not be present. See Cozart v. State, 823 So.2d 234 (Fla. 1st DCA 2002).
Anders v. California, 386 U.S. 738 (1967).
AFFIRMED in part and REMANDED.
ERVIN, ALLEN and LEWIS, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED