Harris v. State

Full title: Trey HARRIS, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: Oct 31, 2017

229 So. 3d 444 (Fla. Dist. Ct. App. 2017)

Opinion

CASE NO. 1D17–1476

10-31-2017

Trey HARRIS, Appellant, v. STATE of Florida, Appellee.

Andy Thomas, Public Defender, Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. No appearance for Appellee.

PER CURIAM.

Andy Thomas, Public Defender, Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.

No appearance for Appellee.

PER CURIAM.

In this Anders ^* appeal, we affirm Appellant's judgment and sentence, but remand for the trial court to correct two scrivener's errors in the order revoking his probation. Although Appellant was on probation for one count of grand theft, the revocation order states that he was on probation for two counts of grand theft. Additionally, while the State alleged, and the trial court orally pronounced its finding, that Appellant violated Conditions 5 and 6 of his probation by committing one new law offense and associating with a person engaged in criminal activity, respectively, the revocation order states that he violated his probation "[b]y violating Condition 5 by committing new law offenses." We, therefore, remand for the trial court to correct the revocation order. See Williams v. State, 138 So.3d 1102, 1103 (Fla. 1st DCA 2014) (affirming a judgment and sentence in an Anders appeal, but remanding for the trial court to correct the revocation order to conform to its oral pronouncement as to which alleged violations supported revocation); see also Nickolas v. State, 66 So.3d 1077 (Fla. 1st DCA 2011) ; Washington v. State, 37 So.3d 376 (Fla. 1st DCA 2010). Appellant need not be present. See Williams, 138 So.3d at 1103.

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AFFIRMED and REMANDED.

LEWIS, KELSEY, and M.K. THOMAS, JJ., CONCUR.

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