Opinion
No. 1D20-3294
04-09-2021
Jason Clarence WOLK, Appellant, v. STATE of Florida, Appellee.
Jessica J. Yeary, Public Defender, and Lori A. Willner, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
Jessica J. Yeary, Public Defender, and Lori A. Willner, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
Per Curiam.
Upon review under Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no reversible error and affirm Appellant's judgment and sentence. We write only to correct a scrivener's error in the judgment.
The Order of Revocation of Probation dated October 16, 2020, states that Appellant was found to have violated multiple conditions of probation. However, based on the hearing transcript, Appellant admitted only to violating probation with a positive test for methamphetamine. No evidence was offered at the violation of probation hearing to prove Appellant violated other conditions of probation. On remand, the trial court shall correct the order of revocation of probation to correctly state the manner in which Appellant violated probation.
The Order of Revocation of Probation also incorrectly states that it is based on affidavit dated April 8, 2020. An amended affidavit was filed on September 21, 2020, and that affidavit contained the allegations at issue. On remand, the trial court shall correct the order of revocation of probation to state that the amended affidavit was filed on September 21, 2020.
Appellant need not be present for these ministerial corrections to the judgment. See Williams v. State , 303 So. 3d 1290 (Fla. 1st DCA 2020).
AFFIRMED and REMANDED for correction of a scrivener's error.
Bilbrey, Kelsey, and M.K. Thomas, JJ., concur.