Royce 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 ROBERT EARL ROYCE, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________ ) Case No. 2D13-2484 Opinion filed July 18, 2014. Appeal from the Circuit Court for DeSoto County; James S. Parker, Judge. Howard L. Dimmig, II, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee. KHOUZAM, Judge. Robert Earl Royce challenges an order revoking his probation. We affirm in all respects except to point out a scrivener's error in the order, which indicates that Royce was found in violation of condition five of his probation when in fact the State agreed to drop the violation as part of the plea bargain. We remand for the correction of this scrivener's error. See Latner v. State, 132 So. 3d 364, 365 (Fla. 1st DCA 2014). Royce need not be present for this correction. Affirmed; remanded with instructions. MORRIS and SLEET, JJ., Concur. -2-

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