ANTONIOUS WHITE
v.
STATE OF FLORIDA
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In this Anders appeal, the Florida District Court of Appeal, Sixth District affirmed the trial court's revocation and termination of Antonious White's probation, but remanded for correction of two scrivener's errors in the sentencing paperwork: removal of a redundant adjudication of guilt and removal of a requirement to pay costs of supervision following probation termination.
The court affirmed the revocation and termination of probation but remanded for ministerial corrections to the sentencing paperwork: removal of the redundant adjudication of guilt (since White had previously been adjudicated guilty) and removal of the costs of supervision requirement (which applies only to probationers, not to those whose probation has been terminated).
[1] A trial court's revocation and termination of probation may be affirmed without further comment in an Anders appeal.
[2] A scrivener's error in sentencing paperwork, such as a redundant adjudication of guilt, may be corrected by the trial court.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If such probation . . . is revoked, the court shall adjudge the probationer or offender guilty of the offense charged and proven or admitted, unless he or she has previously been adjudged guilty . . .”
Establishes that a new adjudication of guilt is not necessary if the probationer has previously been adjudged guilty, supporting the correction of the redundant adjudication in the sentencing paperwork.
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Join FLexlaw to unlock all legal intelligenceAntonious White had his probation revoked and terminated by the trial court. The trial court orally recognized that White had been previously adjudica…
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PER CURIAM.
In this Anders appeal, we affirm the trial court’s revocation and termination of Antonious White’s probation without further comment.1 P. 3.800(b)(2). First, although the trial court orally recognized that White had been previously adjudicated guilty, the sentencing paperwork reflects a redundant adjudication. See § 948.06(2)(e), Fla. Stat. (2021) (“If such probation . . . is revoked, the court shall adjudge the probationer or offender guilty of the offense charged and proven or admitted, unless he or she has previously been adjudged guilty . . . .”) (emphasis added). Second, even though the trial court terminated White’s probation, the sentencing paperwork requires him to pay costs of supervision. See id. § 948.09(1)(a)1. (requiring payment of costs of supervision by, among others, probationers as condition of placement). White need not be present when the trial court makes these ministerial corrections. AFFIRMED and REMANDED. TRAVER, C.J., and BROWNLEE, J., and LAMBERT, B.D., Associate Judge, concur.1 Anders v. California, 386 U.S. 738 (1967). This case was transferred from the Second District Court of Appeal to this Court on January1, 2023.
Howard L. “Rex” Dimmig, II, Public Defender, and Daniel Muller, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Helene S. Parnes, Senior Assistant Attorney General, Tampa, for Appellee.