JAMES LEE NAILS v. STATE OF FLORIDA

 Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAMES LEE NAILS, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NOS. 1D04-0319 and 1D04-0322 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed April 29, 2005. An appeal from the Circuit Court for Columbia County. Paul S. Bryan, Judge. Nancy A. Daniels, Public Defender; and A. Victoria Wiggins, Assistant Public Defender, Tallahassee, for Appellant. Charlie Crist, Attorney General; and Philip W. Edwards, Assistant Attorney General, Tallahassee, for Appellee. BROWNING, J. We affirm without additional comment Appellant s convictions and sentences in Case No. 1D04-319. In Case No. 1D04-322, Appellant challenges the final order revoking his probation. Competent substantial evidence in the record established that Appellant violated Condition (5) of his terms of probation by committing the crimes for which he was convicted in Case No. 1D04-319. We affirm the probation revocation order and remand to the trial court with instructions to strike the reference to Condition (10) in the written revocation order. See McCloud v. State, 765 So. 2d 826 (Fla. 2d DCA 2000). The transcript of the revocation hearing indicates that the State elected not to argue a violation of Condition (10), but to focus solely on Condition (5), to which the trial court orally agreed. No evidence was offered relating to an alleged violation of Condition (10). Appellant need not be present for the correction of this scrivener s error. See Jones v. State, 390 So. 2d 820 (Fla. 1st DCA 1980). We AFFIRM the convictions and sentences in Case No. 1D04-319 and the probation revocation order in Case No. 1D04-322 and REMAND with instructions to the trial court to strike the reference to Condition (10) in the written revocation order. WOLF, C.J.; and DAVIS, J., CONCUR. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.