Church 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 BRANDON J. CHURCH, a/k/a BRANDON JAMES CHURCH, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) ) Case No. 2D13-1184 Opinion filed April 2, 2014. Appeal from the Circuit Court for Lee County; Bruce E. Kyle, Judge. Howard L. Dimmig, II, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee. VILLANTI, Judge. In this Anders1 appeal, we affirm Brandon James Church's judgment and sentence but remand for the trial court to correct a scrivener's error in the order revoking 1 Anders v. California, 386 U.S. 738 (1967). probation. At the violation of probation hearing, Church admitted to and was sentenced based upon only one condition five violation, a second-degree misdemeanor. However, because the violation order contains a scrivener's error reflecting two condition five violations, we must remand the matter back to the trial court to enter a corrected violation order. See Hamilton v. State, 128 So. 3d 177, 177 (Fla. 2d DCA 2013). Affirmed and remanded. LaROSE and SLEET, JJ., Concur. -2-

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