Cooper 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 WILLIE JAMES COOPER, III, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________ ) Case No. 2D13-1125 Opinion filed April 25, 2014. Appeal from the Circuit Court for Hillsborough County; Martha J. Cook, 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. MORRIS, Judge. Willie James Cooper, III, appeals the revocation of his probation and his resulting prison sentences. We affirm the revocation of his probation and his sentences without comment, but we remand for the correction of two scrivener's errors in the order of revocation. See Senat v. State, 62 So. 3d 1236 (Fla. 2d DCA 2011). The order states that Cooper admitted the violations and that he violated conditions "1, 2, 5, 9, [and] 11," but the record reflects that Cooper did not admit the violations and that the trial court found Cooper in violation of condition 3 (not condition 2) along with conditions 1, 5, 9, and 11. On remand, the trial court is directed to correct the order. Affirmed; remanded with directions. ALTENBERND and WALLACE, JJ., Concur. -2-

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