Kirkland v. State

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. ) Case No. 2D15-635
)
STATE OF FLORIDA, )
)
Appellee. )
)
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.
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