KEMRICK LEE TRAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
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 DCA2002).
AFFIRMED in part and REMANDED.
ERVIN, ALLEN and LEWIS, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McCARR v. State, 874 So. 2d 1274 (Fla. 2d DCA 2004)…irm the order of the circuit court without prejudice to McCarr’s filing the same motion within sixty days from the date of the mandate in this case. Any such motion shall not be considered successive on account of this refiling. See Hunter v. State, 858 So. 2d 1095 (Fla. 2d DCA 2003) (allowing a prisoner to refile a rule 3.850 motion without the motion being considered successive because pages were missing from the copy of the motion in the record, rendering the motion unreadable). Affirmed without prejudice…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Cozart v. State, 823 So. 2d 234 (Fla. 1st DCA 2002)