Allen 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 CIERA MONIQUE ALLEN, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________ ) Case No. 2D17-910 Opinion filed October 18, 2017. Appeal from the Circuit Court for Polk County; Kelly P. Butz, Judge. Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee. SILBERMAN, Judge. In this Anders1 appeal, we affirm the revocation of Ciera Monique Allen's drug offender probation and resulting sentence for possession of hydrocodone. We remand only for the trial court to correct the revocation order to conform to the trial 1 Anders v. California, 386 U.S. 738 (1967). court's oral pronouncement. See Jones v. State, 221 So. 3d 736, 736 (Fla. 2d DCA 2017); Symes v. State, 193 So. 3d 1067, 1067 (Fla. 2d DCA 2016). An amended affidavit of violation of probation (VOP) was filed in January 2017 that alleged one violation of condition 2, two violations of condition 7, two violations of special condition 3, one violation of special condition 7, and one violation of special condition 8. At the revocation hearing, the trial court stated that it would delete the violation of special condition 7, and Allen then admitted to violating the conditions in the amended VOP affidavit. But the written revocation order states that Allen admitted all conditions stated in the January 2017 amended VOP affidavit. Therefore, we remand for the trial court to correct the revocation order to indicate that Allen did not admit to a violation of special condition 7. Affirmed and remanded. LaROSE, C.J., and MORRIS, JJ., Concur. -2-
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