Joyner 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 DAVID R. JOYNER, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D02-5709 Opinion filed November 14, 2003. Appeal from the Circuit Court for Pinellas County; Richard A. Luce, Judge. James Marion Moorman, Public Defender, and Howardene Garrett, Assistant Public Defender, Bartow, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Robert J. Krauss, Chief Assistant Attorney General, Tampa, for Appellee. PER CURIAM. We affirm David Joyner s judgment and sentence for handling and fondling a child under the age of sixteen years. However, we note that a scrivener s error appears on the order revoking his probation which states that Joyner violated condition two of his probation rather than condition three. Accordingly, we remand for correction of the order. Affirmed; remanded with directions. ALTENBERND, C.J., and CASANUEVA and KELLY, JJ., Concur.

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