DAVID AUBREY BARBER
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-07-01
No. 22-0052
342 So. 3d 297 Florida District Court of Appeal, Fifth District (2022) Positive Treatment
Cited by 1 case

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Holding

A trial court's revocation of community control based on violations of the conditions of control is affirmed, but the matter is remanded to enter corrected written orders that match the oral pronouncements regarding the specific conditions violated and jail credit awarded.


Headnotes

[1] When a trial court orally pronounces findings regarding specific conditions of community control that were violated and awards jail credit upon revocation, the written re…

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Facts & Procedural History

David Aubrey Barber was subject to community control in Seminole County. The trial court found that Barber violated provisions of his community contro…

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Opinion of the Court

WOZNIAK, J.

In this Anders1 appeal, we affirm the judgment and sentence imposed following the trial court’s finding that Appellant violated provisions of his community control. However, we remand this matter with instructions to the trial court to enter a written revocation order that conforms to the court’s oral pronouncement of the specific conditions of community control that Appellant violated and to enter a corrected sentencing order that reflects the orally pronounced jail credit of 193 days. See, e.g., Roberts v. State, 252 So. 3d 424 (Fla. 5th DCA 2018) (affirming Anders appeal but remanding for correction of scrivener’s error in sentencing order); Patt v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004) (affirming revocation of community control and remanding for entry of order reflecting orally pronounced findings of conditions violated).

AFFIRMED and REMANDED with instructions.

LAMBERT, C.J., and SASSO, J., concur.

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

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