Opinion
2D21-3315
08-19-2022
JOHN URBANIAK, Appellant, v. STATE OF FLORIDA, Appellee.
Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
Appeal from the Circuit Court for Manatee County; Lon S. Arend, Judge.
Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
SLEET, JUDGE
John Urbaniak challenges the trial court's order revoking his probation and the sentence imposed upon revocation. We affirm the order and sentence without comment but remand for correction of scrivener's errors in the revocation order.
Despite the trial court's oral pronouncement that Urbaniak violated special condition four of his probation, the written order incorrectly states that he violated conditions two and ten. Additionally, the written order incorrectly states that Urbaniak admitted the violation when in actuality the trial court determined him to be in violation following a revocation hearing. Accordingly, we remand for corrections of these scrivener's errors. See Cook v. State, 336 So.3d 409, 409 (Fla. 2d DCA 2022) (affirming revocation of probation but remanding "for entry of an amended order correctly reflecting the conditions of probation that Cook was found to have violated"); Zurline v. State, 312 So.3d 995, 995 (Fla. 2d DCA 2021) (affirming but remanding for the trial court to correct the order of revocation "to reflect that Zurline was found to be in violation after an evidentiary hearing"). Urbaniak need not be present for the corrections. See Swaford v. State, 320 So.3d 331, 332 (Fla. 2d DCA 2021).
Affirmed and remanded.
SILBERMAN and LUCAS, JJ., Concur.
Opinion subject to revision prior to official publication.