Opinion
6D23-1589
09-08-2023
Howard L. Rex Dimmig, II, Public Defender, and Joanna Beth Conner, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Marissa V. Giles, Assistant Attorney General, Daytona Beach, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED
Appeal from the Circuit Court for Osceola County Lower Tribunal No. 2021-CF-000286 Tom Young, Judge.
Howard L. "Rex" Dimmig, II, Public Defender, and Joanna Beth Conner, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Marissa V. Giles, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm the trial court's revocation of Appellant's community control and the resulting prison sentences. See Quijano v. State, 270 So.3d 549, 551 (Fla. 2d DCA 2019) (concluding that no fundamental error occurred where the affidavit of violation, though citing to an incorrect condition number, put the defendant on notice of the misconduct of which he was accused so that the defendant's ability to defend was not prejudiced, and further concluding that such error is considered harmless if the State offers sufficient evidence that the defendant is guilty of the alleged conduct, though not necessarily of the numbered condition). However, we remand for the trial court to enter an amended order to reflect that Appellant violated condition 15, instead of condition 19, of his community control and that it was community control, and not probation, that was revoked.
This case was transferred from the Fifth District Court of Appeal to this Court on January 1, 2023.
AFFIRMED; REMANDED with directions.
WOZNIAK and WHITE, JJ., and LAMBERT, B.D., Associate Judge, concur.