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Deal v. State

District Court of Appeal of Florida, First District
Nov 18, 1981
405 So. 2d 1073 (Fla. Dist. Ct. App. 1981)

Opinion

No. AC-242.

November 18, 1981.

Appeal from Circuit Court, Escambia County; M.C. Blanchard, Judge.

Nancy A. Daniels, Asst. Public Defender, for appellant.

No appearance for appellee.


After due consideration of the Anders brief filed on behalf of Appellant and the record, we affirm the revocation of her probation, but we remand the case for correction of the written revocation order.

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

The order is ambiguous because it first indicates that Appellant was found guilty of violating conditions I, III, V, and IX but later states she was found not guilty of violating condition V. Further, the order does not state that Appellant was found not guilty of condition IX. Since at the hearing the court only found that Appellant had violated conditions I and III and had not violated conditions V and IX, it should correct the written revocation order to conform to its oral pronouncement. Rusu v. State, 370 So.2d 79 (Fla. 2nd DCA 1979); and Towson v. State, 382 So.2d 870 (Fla. 5th DCA 1980).


Summaries of

Deal v. State

District Court of Appeal of Florida, First District
Nov 18, 1981
405 So. 2d 1073 (Fla. Dist. Ct. App. 1981)
Case details for

Deal v. State

Case Details

Full title:LINDA DIANA DEAL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Nov 18, 1981

Citations

405 So. 2d 1073 (Fla. Dist. Ct. App. 1981)