CLIFTON D. EPHRON
v.
STATE OF FLORIDA
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The court affirmed the revocation of Ephron's probation and sentence but remanded for entry of a corrected order specifying that he admitted only to violating Condition 1 of his probation.
A probation revocation order must accurately specify which conditions of probation the defendant admitted to violating.
[1] When probation is revoked pursuant to an affidavit of violation, the trial court's written order must accurately specify the particular condition of probation that the pr…
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Join FLexlaw to unlock all legal intelligenceEphron's probation was revoked and he was sentenced. The trial court's written order did not accurately specify which probation conditions he admitted…
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PER CURIAM.
In this appeal filed pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm the orders revoking Appellant’s probation and imposing sentence. However, we remand for the entry of a corrected revocation of probation order specifying that Appellant only admitted to violating Condition 1 of his probation. See Bussie v. State, 263 So. 3d 229, 229 (Fla. 1st DCA 2019) (affirming the revocation of the appellant’s probation and the resulting sentence in the Anders appeal but remanding for the trial court to enter a corrected written order specifying that the appellant only admitted to violating the conditions of probation as alleged in the affidavit of violation of probation); Altman v. State, 252 So. 3d 426, 426 (Fla. 1st DCA 2018) (affirming the revocation of the appellant’s probation and the resulting sentence in the Anders appeal but remanding for the trial court to enter a corrected written order specifying that the appellant only admitted to violating the conditions of probation as alleged in grounds I through X of the fourth amended affidavit of violation of probation); Margolis v. State, 148 So. 3d 532, 532 (Fla. 2d DCA 2014) (affirming the revocation of probation and sentence in the Anders appeal but remanding for entry of a corrected order accurately reflecting the conditions of probation the appellant admitted to violating).
AFFIRMED but REMANDED for correction.
LEWIS, WINSOR, and M.K. THOMAS, 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 Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
2
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- Harrison Bradley Margolis v. State, 148 So. 3d 532 (Fla. 2d DCA 2014)
- Altman v. State, 252 So. 3d 426 (Fla. 1st DCA 2018)
- Quinnteris D Bussie v. State, 263 So. 3d 229 (Fla. 1st DCA 2019)