TRAVIANCE POLITE vs STATE OF FLORIDA

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
TRAVIANCE POLITE,
Appellant,
v. Case No. 5D21-2898
LT Case No. 2006-CF-003249-A
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed June 3, 2022
Appeal from the Circuit Court
for Seminole County,
Melissa Souto, Judge.
Matthew J. Metz, Public Defender,
and Steven N. Gosney, Assistant
Public Defender, Daytona Beach,
for Appellant.
Ashley Moody, Attorney General,
Tallahassee, and Nora Hutchinson
Hall, Assistant Attorney General,
Daytona Beach, for Appellee.
PER CURIAM.
In this Anders1 appeal, we affirm the judgment and sentence imposed
on Traviance Polite following the revocation and termination of his probation.
We remand, however, for the correction of a scrivener’s error. The affidavit
of violation alleged Polite violated condition 4 of his probation by possessing
a firearm. Following a hearing, the trial court ruled Polite had possessed a
firearm in violation of his probation but orally proclaimed that he violated
condition 6. Polite’s sentence reflects multiple violations of condition 5. On
remand, the trial court should correct its order revoking and terminating
probation to reflect Polite violated condition 4. See Harrison v. State, 313 So.
3d 926, 926–27 (Fla. 5th DCA 2021) (remanding to correct scrivener’s error
in revocation order to correctly reflect condition violated).
AFFIRMED and REMANDED.
LAMBERT, C.J., TRAVER and NARDELLA, JJ., concur.
1
Anders v. California, 386 U.S. 738 (1967).
2