JENNIFER JILL JOHNSON
v.
STATE OF FLORIDA
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A trial court must strike references to special conditions in a revocation order when those conditions were not imposed as part of the original community control sentence and were not alleged in the violation affidavit.
[1] A trial court must strike from a revocation order any reference to a special condition that was not imposed as part of the original community control sentence and was not…
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Join FLexlaw to unlock all legal intelligence“We remand, however, with instructions for the trial court to strike the reference to special condition 15b in the amended order of revocation as it was not a condition of community control in this case, nor was it alleged in the violation affidavit.”
Court's disposition explaining the remand instruction
Jennifer Jill Johnson appealed the revocation of her community control and resulting sentence. The amended order of revocation referenced special cond…
The full statement of facts, procedural history, and disposition for this case are member content.
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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
JENNIFER JILL JOHNSON,
Appellant,
v. Case No. 5D19-3598
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed July 24, 2020
Appeal from the Circuit Court for Volusia County, Dennis Craig, Judge.
James S. Purdy, Public Defender, and Darnelle P. Lawshe, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
In this Anders1 appeal, we affirm the revocation of Appellant’s community control and the resulting sentence. We remand, however, with instructions for the trial court to strike the reference to special condition 15b in the amended order of revocation as it was
not a condition of community control in this case, nor was it alleged in the violation affidavit. See Altman v. State, 252 So. 3d 426, 426 (Fla. 1st DCA 2018).
AFFIRMED; REMANDED with instructions. COHEN, GROSSHANS, and SASSO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Altman v. State, 252 So. 3d 426 (Fla. 1st DCA 2018)