Kirkland 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 EDISON ANDREW KIRKLAND, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D15-635 Opinion filed February 17, 2016. Appeal from the Circuit Court for Charlotte County; John L. Burns, Acting Circuit Judge. Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee. SALARIO, Judge. Edison Kirkland appeals from an order revoking his probation and the resulting sentence entered on his conviction for a domestic battery by strangulation after he was found to be in violation of condition five of his probation, the commission of a new law violation. We affirm the revocation of his probation without comment and write only to correct a scrivener's error apparent on the face of the probation revocation order. The order states that Mr. Kirkland violated conditions three and five of his probation. The transcript of the plea hearing reflects, however, that the trial court found he did not violate condition three and revoked his probation based only on the violation of condition five. We therefore remand for the limited purpose of correcting the order of revocation to accurately reflect the basis for his revocation. See Margolis v. State, 148 So. 3d 532, 532 (Fla. 2d DCA 2014). Affirmed; remanded with instructions. LaROSE AND MORRIS, JJ., Concur. -2-

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