Joshua D. Quartier 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 JOSHUA DANIEL QUARTIER, Appellant, v. Case No. 5D18-939 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed October 12, 2018 Appeal from the Circuit Court for Volusia County, Kathryn D. Weston, Judge. James S. Purdy, Public Defender, and Kevin R. Holtz, 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 order revoking Appellant’s community control and the resulting judgment and sentence following an open plea. However, we remand for the trial court to correct a clerical error in the order to reflect that Appellant admitted to violating Condition 16 of his community control. 1 The order presently under review shows a Condition 24 violation, which was never alleged. AFFIRMED; REMANDED with directions to enter a corrected order of revocation of community control consistent with this opinion. COHEN, C.J., WALLIS and LAMBERT, JJ., concur. 1 The affidavit of violation alleged a Condition 15 violation. However, this too appears to be a clerical error as the factual allegations contained in this paragraph of the affidavit alleging the violation are substantively consistent with a violation of Condition 16 of community control for Appellant failing to remain at his approved residence during specified times. 2

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