TERRY ALLEN REGISTER
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-03-06
No. 18-3916
Maltz, J., Evander, C.J., Lambert, J., Edwards, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A probation revocation order must be amended to reflect only those conditions of probation that were actually violated and admitted by the probationer.


Headnotes

[1] A probation revocation order must be amended to accurately reflect only those conditions of probation that were actually violated and admitted by the probationer at the r…

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Key Quotes

“the trial court to enter an amended order of revocation reflecting that Register violated standard Condition 3 and special Condition 19 of his drug offender probation”

Court's directive on remand

Facts & Procedural History

Register admitted at his change of plea hearing to violating standard Condition 3 and special Condition 19 of his drug offender probation. However, th…

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Opinion of the Court
Evander

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

TERRY ALLEN REGISTER,

Appellant,

v. Case No. 5D18-3916

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed March 6, 2020

Appeal from the Circuit Court for St. Johns County, Howard M. Maltz, Judge.

Marcella Ann Beeching, Ponte Vedra Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Deborah Chance, Assistant Attorney General, Daytona Beach, for Appellee

PER CURIAM.

In this Anders1 appeal, Terry Allen Register challenges the judgment and sentence imposed by the trial court following the revocation of his drug offender probation. Having reviewed the record, we affirm without further discussion, with one exception.

2

At the change of plea hearing, Register specifically testified to violating standard Condition 3 and special Condition 19 of his drug offender probation. The order revoking Register’s probation shows the Condition 3 violation but not the admitted violation of special Condition 19. It also includes violations of two other conditions, one of which was not charged and the other of which was not admitted by Register at the hearing. Accordingly, we remand for the trial court to enter an amended order of revocation reflecting that Register violated standard Condition 3 and special Condition 19 of his drug offender probation. See Reyes v. State, 44 So. 3d 216, 216 (Fla. 2d DCA 2010) (affirming revocation of probation and resultant sentence, but remanding for the trial court to correct the written order to accurately reflect the condition of probation violated).

AFFIRMED; REMANDED with directions.

EVANDER, C.J., LAMBERT and EDWARDS, JJ., concur.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).

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