PAUL WRIGHT
v.
STATE OF FLORIDA
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A probation revocation order must accurately distinguish between violation of a standard condition versus a special condition and must correctly reflect whether the defendant admitted to or was tried and found guilty of the violation.
[1] A probation revocation order must distinguish between violation of standard probation conditions and violation of special probation conditions, and must correctly charact…
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Join FLexlaw to unlock all legal intelligencePaul Wright's probation was revoked following alleged violations. The trial court issued an order of revocation containing two clerical errors: it ref…
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December 18, 2018 PER CURIAM.
In this appeal pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm the revocation of Appellant’s probation and the resulting judgment and sentence. However, we remand for the trial court to correct two scrivener’s errors in the order of revocation. The order of revocation states Appellant violated condition 2 of the order of probation. It should state that he violated special condition 2. The order of revocation also erroneously states that he “admitted to the violation noted in the Violation/Affidavit.” Instead, it should reflect that Appellant was tried and found guilty of violating probation.
AFFIRMED and REMANDED for entry of a corrected order. LEWIS, WETHERELL, and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andy Thomas, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.