Hood 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 MARCUS KEON HOOD, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D14-4977 Opinion filed December 16, 2015. Appeal from the Circuit Court for Lee County; Bruce E. Kyle, Judge. Howard L. Dimmig, II, Public Defender, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee. SALARIO, Judge. We review this matter pursuant to Anders v. California, 386 U.S. 738 (1967). Marcus K. Hood challenges the revocation of his probation and his resulting sentences for resisting arrest without violence and driving with a suspended license. We affirm the revocation of probation and the sentences imposed without comment. We remand only for the correction of a scrivener's error that appears on the face of the written order of revocation. See Margolis v. State, 148 So. 3d 532, 532 (Fla. 2d DCA 2014). Although the order indicates that Hood admitted to violations of conditions two and three of his probation, the record reflects that he was found to have violated those conditions by the trial court following a hearing on the issue. On remand the trial court shall enter an order of revocation reflecting the correction of this error. Affirmed; remanded with instructions. CASANUEVA and BLACK, JJ., Concur. -2-

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