ERIC CALHOUN vs STATE OF FLORIDA

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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 ERIC CALHOUN, DOC #B10035, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D19-1251 Opinion filed June 24, 2020. Appeal from the Circuit Court for Lee County; Nicholas R. Thompson, Judge. Howard L. Dimmig, II, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee. CASE, JAMES R., Associate Senior Judge. In this appeal, reviewed pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm the revocation of Mr. Calhoun's probation and resulting sentences without comment. However, we reverse the written judgment that was reentered upon revocation as superfluous in light of the judgment adjudicating his guilt that was entered at the time of his original convictions and remand for the striking of that second written judgment. See Freeman v. State, 225 So. 3d 929, 930 (Fla. 2d DCA 2017) ("Entering those same judgments a second time in conjunction with the entry of the new written sentences is an error, correctable in an Anders proceeding, that requires the reversal of the new and superfluous written judgments."); Butler v. State, 195 So. 3d 1147, 1148 (Fla. 2d DCA 2016) ("Duplicative adjudications of guilt after revocation of probation or community control are superfluous, are unauthorized, and can cause undue confusion in future proceedings."). Affirmed in part; reversed in part; remanded. NORTHCUTT and SILBERMAN, JJ., Concur. -2-

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