MATTHEW BLAKE HARRISON
v.
STATE OF FLORIDA

Fla. 5th DCA | 2021-03-19
No. 20-0465
Sasso, J., Traver, J., Nardella, J., Perkins, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

The trial court properly revoked Harrison's probation, but the order must be corrected to reflect violation of Special Condition 13 rather than Special Condition 12.

Headnotes

[1] A scrivener's error in a probation revocation order identifying the wrong special condition as violated requires remand for correction even when the revocation itself is…

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Facts & Procedural History

Harrison's probation was revoked by the trial court. The revocation order contained a scrivener's error identifying the violated special condition.…

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Topics
Anders Appeal Probation Revocation

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Opinion of the Court
Nardella

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

MATTHEW BLAKE HARRISON,

Appellant,

v. Case No. 5D20-465

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed March 19, 2021

Appeal from the Circuit Court for Flagler County, Terence R. Perkins, Judge.

Matthew J. Metz, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders1 appeal, we affirm the judgment and sentence imposed by the trial court following revocation of Appellant’s probation. However, we remand for correction of

SASSO, TRAVER and NARDELLA, JJ., concur.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).
2 a scrivener’s error in the order revoking probation to reflect that Appellant was found to have violated Special Condition 13, not Special Condition 12. See Daniels v. State, 200 So. 3d 195, 196 (Fla. 5th DCA 2016). AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENER'S ERROR.

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