CLARENCE LEE ROBBINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2011-02-07
No. 1D10-1796
KAHN, PADOVANO, and CLARK, JJ., concur.
54 So. 3d 574 Florida District Court of Appeal, First District (2011)

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Holding

The court affirmed the revocation of probation but remanded for correction of the order to remove a reference to a dismissed violation.


Facts & Procedural History

The appellant appealed an order revoking his probation, which erroneously cited a new law violation as a ground for revocation. The state had dismisse…

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Opinion of the Court
PER curiam:.

PER curiam:.

In this appeal briefed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the appellant appeals the order entered by the trial court which revoked his probation based on his admission that he violated a number of conditions of probation. The order revoking probation erroneously indicates that the appellant violated condition five by committing a new law violation.1 However, while the appellant admitted other violations, the state specifically dismissed the allegation that the appellant violated condition five. Thus, we affirm the appellant’s convictions and sentences, but remand for entry of a corrected revocation order which omits reference to a violation of condition five.2 See, e.g., Campbell v. State, 972 So.2d 263 (Fla. 5th DCA 2008) (affirming order revoking probation but remanding for court to correct order to show correct ground for revocation).

AFFIRMED and REMANDED with instructions to enter a corrected revocation order.

KAHN, PADOVANO, and CLARK, JJ., concur.


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