JASON LAVELL NICKOLAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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In this Anders 1 appeal, we affirm Appellant’s judgment and sentence, but remand for the trial court to correct the order revoking his probation. Although the State alleged that Appellant violated his probation by committing five new law offenses, the lower court found that the evidence supported revocation based only on the offense of resisting an officer with violence. The revocation order provides, however, that Appellant violated the conditions of his probation by committing all five offenses. We, therefore, remand for the trial court to correct the revocation order. See Washington v. State, 37 So.3d 376 (Fla. 1st DCA 2010) (affirming a judgment and sentence in an Anders appeal but remanding for the court to correct a revocation order reflecting the appropriate condition violated); Leggs v. State, 27 So.3d 155 (Fla. 1st DCA 2010) (affirming, in an Anders appeal, the appellant’s judgment and sentence, but remanding with directions that the trial court enter an order specifying the conditions of probation violated). Appellant need not be present. See Baldwin v. State, 855 So.2d 1180 (Fla. 1st DCA 2003) (remanding for entry of a written revocation order conforming to the oral pronouncement in an Anders appeal).
AFFIRMED and REMANDED.
THOMAS, WETHERELL, and SWANSON, JJ„ concur.
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Thompson v. State, 83 So. 3d 1002 (Fla. 1st DCA 2012)…rder of revocation to specify the condition of probation appellant violated. The revocation order states that he violated all of the conditions alleged, but the record shows that the state had dropped two of the three charges. See Nickolas v. State, 66 So. 3d 1077 (Fla. 1st DCA 2011). WOLF, PADOVANO, and MARSTILLER, JJ., concur.…
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Fowler v. State, 79 So. 3d 868 (Fla. 1st DCA 2012)…formal, written order of revocation of probation in the other. In case number 09-260, the [*869] order fails to specify the new law offenses that led to the revocation of Appellant’s probation. Therefore, it must be corrected. See Nickolas v. State, 66 So. 3d 1077, 1077 (Fla. 1st DCA 2011) (affirming but remanding for entry of a revocation order conforming to the trial court’s oral pronouncements). In case number 09-213, the trial court neglected to enter an order revoking Appellant’s probation, even though t…
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Williams v. State, 138 So. 3d 1102 (Fla. 1st DCA 2014)…tions. The revocation order provides, however, that Appellant violated the conditions of his probation as alleged in the September 18, 2012, affidavit. We, therefore, remand for the trial court to correct the revocation order. See Nickolas v. State, 66 So. 3d 1077 (Fla. 1st DCA 2011) (affirming a judgment and sentence in an Anders appeal but remanding for the court to correct revocation order which erroneously based revocation on all five new law violations charged where court only found evidence supported 1…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Cleveland Baldwin v. State, 855 So. 2d 1180 (Fla. 1st DCA 2003)
- Lakeisha Shayolanda Leggs v. State, 27 So. 3d 155 (Fla. 1st DCA 2010)
- Washington v. State, 37 So. 3d 376 (Fla. 1st DCA 2010)
- State v. Hudson, 27 So. 3d 155 (Fla. 1st DCA 2010)
- Jalen Shropshire v. State, 37 So. 3d 376 (Fla. 1st DCA 2010)