Quinnteris D Bussie v. State of Florida ( 2019 )


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  •           FIRST DISTRICT COURT OF APPEAL
    STATE OF FLORIDA
    _____________________________
    No. 1D17-1803
    _____________________________
    QUINNTERIS D BUSSIE,
    Appellant,
    v.
    STATE OF FLORIDA,
    Appellee.
    _____________________________
    On appeal from the Circuit Court for Leon County.
    James C. Hankinson, Judge.
    January 22, 2019
    PER CURIAM.
    In this appeal pursuant to Anders v. California, 
    386 U.S. 738
    , 
    87 S.Ct. 1396
     (1967), we affirm the revocation of Appellant’s
    probation and the resulting sentence, but remand for the trial
    court to enter a corrected written order specifying that the
    Appellant only admitted violating the conditions of probation as
    alleged in the affidavit of violation of probation. See Altman v.
    State, 
    252 So. 3d 426
    , 426 (Fla. 1st DCA 2018) (citing to Margolis
    v. State, 
    148 So. 3d 532
    , 532 (Fla. 2d DCA 2014) (affirming
    revocation of probation and resulting sentence, but remanding for
    entry of corrected revocation order of listing only the conditions of
    probation to which the defendant admitted); Narvaez v. State,
    
    674 So. 2d 868
    , 869 (Fla. 2d DCA 1996) (noting that written order
    of revocation must comport with oral pronouncement, and
    remanding with instructions to strike from the order violations
    neither admitted to nor found by the court). Appellant need not
    be present for this correction.
    AFFIRMED, but REMANDED for correction.
    WOLF, LEWIS, and WETHERELL, JJ., concur.
    _____________________________
    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
    _____________________________
    Candice K. Brower, Criminal Conflict & Civil Regional Counsel,
    and Michael J. Titus, Assistant Regional Conflict Counsel,
    Tallahassee, for Appellant.
    Ashley Brooke Moody, Attorney General, Tallahassee, for
    Appellee.
    2
    

Document Info

Docket Number: 17-1803

Filed Date: 1/22/2019

Precedential Status: Precedential

Modified Date: 1/22/2019