Opinion
No. 1D18-2827
12-31-2019
Larry James TAYLOR, Appellant, v. STATE of Florida, Appellee.
Andy Thomas, Public Defender, and Kasey Lacey, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
Andy Thomas, Public Defender, and Kasey Lacey, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
Per Curiam.
In this appeal brought pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we issued a Causey order directing counsel to file supplemental briefs addressing whether competent substantial evidence supported the trial court's revocation of Appellant's community control based, in part, on alleged violations of condition 5 of Appellant's community control, and whether Appellant admitted to those violation charges as represented in the Order of Revocation of Community Control. After considering the court-ordered briefing on the issues, we affirm the trial court's Order of Revocation of Community Control and the judgment and sentence for domestic violence by strangulation. However, we agree with Appellant, and Appellee concedes, that we must remand for the trial court to conform the written order to its oral pronouncement at the hearing that Appellant violated only condition 16 of his community control—failure to remain confined to his approved residence. On remand, the trial court shall strike that portion of the order finding Appellant violated condition 5 of his community control and also strike the language that he admitted to doing so. See Enno v. State , 59 So. 3d 149 (Fla. 1st DCA 2011) ; Stokes v. State , 1 So. 3d 1141, 1142 (Fla. 1st DCA 2009). Because the entry of the corrected order is merely a ministerial act, Appellant need not be present. Stokes , 1 So. 3d at 1142.
AFFIRMED and REMANDED for entry of a corrected order.
Ray, C.J., and Bilbrey and Jay, JJ., concur.
State v. Causey , 503 So. 2d 321 (Fla. 1987).