Sean Jessie Flemon v. State of Florida ( 2016 )


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  •                                       IN THE DISTRICT COURT OF APPEAL
    FIRST DISTRICT, STATE OF FLORIDA
    SEAN JESSIE FLEMON,                   NOT FINAL UNTIL TIME EXPIRES TO
    FILE MOTION FOR REHEARING AND
    Appellant,                      DISPOSITION THEREOF IF FILED
    v.                                    CASE NO. 1D16-1676
    STATE OF FLORIDA,
    Appellee.
    _____________________________/
    Opinion filed November 9, 2016.
    An appeal from the Circuit Court for Alachua County.
    James M. Colaw, Judge.
    Nancy A. Daniels, Public Defender, and Joel Arnold, Assistant Public Defender,
    Tallahassee, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
    PER CURIAM.
    Appellant filed an initial brief pursuant to Anders v. California, 
    386 U.S. 738
    (1967), which requires that this court independently “examine the record to the
    extent necessary to discover any errors apparent on the face of the record.” State v.
    Causey, 
    503 So. 2d 321
    , 322 (Fla. 1987). After review of the record, we affirm the
    trial court’s revocation of probation and subsequent sentence. However, we remand
    for correction of a scrivener’s error in the Order of Revocation as it fails to state the
    condition of probation violated by Appellant. See Long v. State, 
    886 So. 2d 280
    (Fla. 1st DCA 2004). Accordingly, the Order of Revocation of Probation should be
    amended to comport with the oral pronouncement of the trial court with violation of
    Condition 5 noted in the Order. Kemp v. State, 
    135 So. 3d 347
    , 348 (Fla. 1st DCA
    2013).
    AFFIRMED; REMANDED with directions.
    WOLF, BILBREY, and M.K. THOMAS, JJ., CONCUR.
    2
    

Document Info

Docket Number: 16-1676

Filed Date: 11/8/2016

Precedential Status: Precedential

Modified Date: 11/9/2016