ALAN W. DAVIS
v.
STATE

Fla. 5th DCA | 2018-06-11
No. 17-3250
Alva, J., Palmer, J., Evander, J., Edwards, J.
Florida District Court of Appeal, Fifth District (2018)

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Holding

The trial court properly determined that Davis violated his probation, but the costs order must be corrected to reflect the previously assessed $100 public defender's fee and $100 prosecution costs.


Headnotes

[1] A trial court's probation violation determination will be affirmed when supported by the record, but costs orders must be corrected to reflect all previously assessed fee…

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Facts & Procedural History

Davis was on probation and was found to have violated its terms. A probation violation hearing was held, and the trial court issued a costs order.…

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Opinion of the Court
Edwards

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

ALAN WAYNE DAVIS,

Appellant,

v. Case No. 5D17-3250

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed June 15, 2018

Appeal from the Circuit Court for Seminole County, Marlene M. Alva, Judge.

James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant. Alan Wayne Davis, Altamonte, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela

J.

Koller, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the trial court’s order determining that Davis violated his probation. However, we remand for a correction of a scrivener’s error so that the costs order,

2 rendered after the probation hearing, properly reflects that the trial court had previously assessed a $100 public defender’s fee and $100 for prosecution costs.

AFFIRMED. REMANDED for correction of scrivener’s error.

PALMER, EVANDER and EDWARDS, JJ., concur.


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