Gail F. Criss-Sullivan v. State

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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 GAIL FRANCIS CRISS-SULLIVAN, Appellant, v. Case No. 5D14-2705 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed May 29, 2015 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge. James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm the trial court’s judgment revoking Gail Francis Criss-Sullivan’s community control and imposing her suspended prison sentence, except as to the finding that she violated condition 9 of her community control order by failing to answer truthfully. Because the evidence fails to substantiate that single allegation, we direct the trial court to strike that finding from its order. Since the remaining violations were both substantial and willful, any error was harmless. AFFIRMED and REMANDED WITH DIRECTIONS. ORFINGER, LAWSON and EVANDER, JJ., concur. 2

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