JOSHUA RICHARD BERGENTY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-11-14
No. 22-0938
Florida District Court of Appeal, Fifth District (2022)

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Holding

The trial court properly revoked appellant's probation, but the order must be corrected to reflect violation of Special Condition 28 rather than Special Condition 15, and the cost/fee order must be amended to assess $50.00 rather than $100.00 for the Public Defender Application Fee.


Headnotes

[1] A probation revocation order must be corrected on remand to reflect the correct probation condition violated when a scrivener's error exists.

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Facts & Procedural History

Joshua Richard Bergenty was placed on probation and subsequently had his probation revoked by the trial court. The order revoking probation contained …

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Opinion of the Court

PER CURIAM.

In this Anders1 appeal, we affirm the judgment and sentence imposed by the trial court following revocation of Appellant’s probation. However, we remand for correction of a scrivener’s error in the order revoking probation to reflect that Appellant was found to have violated Special Condition 28, not Special Condition 15, and for entry of an amended cost/fees order that shows the assessment of $50.00 (not $100.00) for the Public Defender Application Fee. See Harrison v. State, 313 So. 3d 926 (Fla. 5th DCA 2021). AFFIRMED; REMANDED for correction of scrivener’s error. EVANDER, EDWARDS, and HARRIS, JJ., concur.

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

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