BOBBY BULLOCK
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-09-18
No. 17-4727
Wolf, J., Kelsey, J., Winokur, J., Lewis, J.
Florida District Court of Appeal, First District (2019)

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Synopsis

Florida appellate court affirmed the probation revocation but remanded for entry of a corrected order specifying the particular condition of probation that the appellant admitted to violating.


Holding

An order revoking probation must specify the condition of probation that the defendant admitted to violating.


Headnotes

[1] An order revoking probation must specify the particular condition of probation that the defendant admitted to violating.

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Facts & Procedural History

Bobby Bullock's probation was revoked and his motion to correct sentencing error was denied. Appellant's counsel filed an Anders brief indicating she …

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Opinion of the Court

PER CURIAM.

Pursuant to Anders v. California, 386 U.S. 738 (1967), Appellant’s counsel filed a brief informing the court that she cannot make an argument for reversal of the judgment and sentence or order revoking Appellant’s probation. However, after Appellant’s motion to correct sentencing error was denied, counsel argues that the order revoking probation must be corrected to specify the condition of probation Appellant admitted to violating. We agree and remand for entry of a corrected order revoking probation. See Lee v. State, 826 So. 2d 457 (Fla. 1st DCA 2002). Appellant need not be present.

AFFIRMED and REMANDED. WOLF, KELSEY, and WINOKUR, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Candice K. Brower, General Counsel, Office of Criminal Conflict and Civil Regional Counsel, Region One, Gainesville, and Melissa J. Ford, Assistant Regional Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel, Region One, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

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