Hamilton v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JEROME HAMILTON, JR., Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D12-2232 Opinion filed December 4, 2013. Appeal from the Circuit Court for Hillsborough County; Gregory P. Holder, Judge. Howard L. Dimmig, II, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Bilal A. Faruqui, Assistant Attorney General, Tampa, for Appellee. VILLANTI, Judge. Jerome Hamilton, Jr., challenges the revocation of his felony probation. We affirm, without comment, the trial court's adjudication and finding that Hamilton willfully violated his probation by committing a new criminal offense. However, as conceded by the State, the revocation order incorrectly states that Hamilton admitted to violating his probation even though the trial court conducted a revocation hearing prior to finding him in violation. Accordingly, we remand for the trial court to correct this scrivener's error. See Caldwell v. State, 72 So. 3d 779, 779-80 (Fla. 2d DCA 2011); Neal v. State, 62 So. 3d 1277, 1278 (Fla. 2d DCA 2011). Affirmed and remanded with instructions. WALLACE and KHOUZAM, JJ., Concur. -2-

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