Opinion
No. 2D03-3786.
December 29, 2004.
Appeal from the Circuit Court for Hillsborough County; Chet A. Tharpe, Judge.
James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and C. Suzanne Bechard, Assistant Attorney General, Tampa, for Appellee.
Lawrence Tucker, Jr., appeals an order revoking his probation. His attorney filed an Anders brief, noting only one minor issue of merit in that the order of revocation includes grounds for revocation that were not announced by the trial court. The affidavit of violation filed in all of Mr. Tucker's pending trial court cases alleged thirteen different violations, but the trial court focused on one new law violation at the hearing. The written order of revocation erroneously lists all thirteen violations when the oral pronouncement concerned only condition five. Accordingly, we affirm the order of violation and the resulting sentences, but order the trial court to strike all conditions referenced in the order of revocation except for condition five.
See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
Affirmed with instructions.
ALTENBERND, C.J., and FULMER and WHATLEY, JJ., Concur.