Marin 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 KRYSTAL MARIN, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D16-1179 Opinion filed November 23, 2016. Appeal from the Circuit Court for Pinellas County; J. Thomas McGrady, Judge. Howard L. Dimmig, II, Public Defender, and Maureen E. Surber, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee. BLACK, Judge. In this Anders1 appeal, we affirm Krystal Marin's judgment and sentences but remand for the trial court to correct scrivener's errors on the amended probation 1Anders v. California, 386 U.S. 738 (1967). revocation orders. On February 9 and 15, 2016, the trial court entered probation revocation orders but failed to specify the conditions of probation violated. During the pendency of this appeal, Marin filed a motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2), requesting that the trial court amend the revocation orders to reflect the conditions violated. The trial court granted Marin's motion and directed the clerk to enter amended revocation orders reflecting that Marin admitted to violating conditions one, three, five, seven, and eleven. While the amended orders entered on June 15, 2016, state that Marin violated conditions three, five, seven, and eleven, they fail to list condition one. We therefore remand for entry of corrected revocation orders which accurately reflect the conditions of probation Marin admitted to violating. See Margolis v. State, 148 So. 3d 532, 532 (Fla. 2d DCA 2014). Affirmed; remanded with directions. CRENSHAW and MORRIS, JJ., Concur. -2-

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