MARK WILLIAM LANDRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal from an Order of the Circuit Court of Orange County revoking Appellant’s probation.
At the hearing the trial judge announced that he found Landry in violation of Conditions 1, 2, and 6, of Order Withholding Adjudication of Guilt and Placing Defendant on Probation. The Court announced that it “particularly” found that Defendant had not violated Condition 5, but contrary to such finding the Order of Revocation of Probation from which this appeal is taken held that Defendant had also violated Condition 5. This erroneous finding can only be a clerical error which we hold was harmless. Violation of the other three conditions was a sufficient basis for the revocation. No abuse of the trial court’s discretion was shown. Crossin v. State, 244 So. 2d 142 (Fla. 4th DCA 1971); Bernhardt v. State, 288 So. 2d 490 (Fla.1974).
We therefore AFFIRM the Order of Revocation, but REMAND for correction of the clerical error. CROSS, ORFINGER and UPCHURCH, JJ., concur.
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Campbell v. State, 972 So. 2d 263 (Fla. 5th DCA 2008)…he written order so that it mirrors the court’s acceptance of Campbell’s plea based solely on a violation of condition fifty-eight. The revocation based on the two grounds to which Campbell did not submit a plea must be deleted. See Landry v. State, 380 So. 2d 1191, 1192 (Fla. 5th DCA 1980) (finding that a trial court’s order reflecting different findings than the oral pronouncement could be a harmless clerical error when other conditions were sufficient basis for violation); see also Hayes v. State, 927 So. 2…
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McDONALD v. State, 409 So. 2d 224 (Fla. 1st DCA 1982)…finding that appellant violated Condition No. 8 of his probation because the alleged violation of Condition No. 8 was dismissed by the trial court at the evidentiary hearing below. Grant v. State, 384 So. 2d 928 (Fla. 3d DCA 1980); Landry v. State, 380 So. 2d 1191 (Fla. 5th DCA 1980). Violation of the other two probation conditions was a sufficient basis for revocation of appellant’s probation and no abuse of the trial court’s discretion was shown. Accordingly, the order of revocation is AFFIRMED but REMAND…
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Williams v. State, 876 So. 2d 27 (Fla. 1st DCA 2004)…ce for failure to appear under section 843.15(l)(a), Fla. Stat. (2003). The state properly concedes error and we reverse. A conviction under section 843.15(l)(a), Fla. Stat., requires proof of willfulness beyond a reasonable doubt. Lewis v. State, 380 So. 2d 1191 (Fla. 5th DCA 1980). The state failed to present any evidence that Appellant willfully failed to appear. The evidence, viewed in a light most favorable to the state, shows that Appellant was unaware that his hearing date had been moved up from Decem…
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- Gideon Bernhardt v. State, 288 So. 2d 490 (Fla. 1974)
- Johnson v. State, 244 So. 2d 142 (Fla. 1st DCA 1971)