JOSHUA DANIEL QUARTIER
v.
STATE OF FLORIDA
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The revocation of community control and resulting sentence are affirmed, but the trial court must correct the clerical error in the revocation order to reflect the correct condition violated.
[1] A clerical error in a revocation of community control order that lists a condition violation not alleged in the affidavit of violation must be corrected on remand to refl…
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Join FLexlaw to unlock all legal intelligenceJoshua Daniel Quartier was on community control and allegedly violated the conditions. The trial court revoked his community control following an open…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JOSHUA DANIEL QUARTIER,
Appellant,
v. Case No. 5D18-939
STATE OF FLORIDA,
Appellee. ________________________________/
Opinion filed October 12, 2018
Appeal from the Circuit Court for Volusia County, Kathryn D. Weston, Judge.
James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm the order revoking Appellant’s community control and the resulting judgment and sentence following an open plea. However, we remand for the trial court to correct a clerical error in the order to reflect that Appellant admitted to violating
AFFIRMED; REMANDED with directions to enter a corrected order of revocation of community control consistent with this opinion.
COHEN, C.J., WALLIS and LAMBERT, JJ., concur.
1 The affidavit of violation alleged a Condition 15 violation. However, this too appears to be a clerical error as the factual allegations contained in this paragraph of the affidavit alleging the violation are substantively consistent with a violation of Condition 16 of community control for Appellant failing to remain at his approved residence during specified times.