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Abraham Davis v. State of Florida, 17-4951 (2018)

Court: District Court of Appeal of Florida Number: 17-4951 Visitors: 4
Filed: Dec. 14, 2018
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-4951 _ ABRAHAM DAVIS, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Leon County. James O. Shelfer, Judge. December 14, 2018 PER CURIAM. In this appeal pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm the revocation of Appellant’s probation and the resulting judgment and sentence. However, we remand for the trial court to correct two scrivener’s errors in the order of revocation. The orde
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         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                         No. 1D17-4951
                 _____________________________

ABRAHAM DAVIS,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Leon County.
James O. Shelfer, Judge.

                       December 14, 2018

PER CURIAM.

     In this appeal pursuant to Anders v. California, 
386 U.S. 738
(1967), we affirm the revocation of Appellant’s probation and the
resulting judgment and sentence. However, we remand for the
trial court to correct two scrivener’s errors in the order of
revocation. The order of revocation states Appellant committed
two violations of condition 5. It should state that he violated
conditions 9 and 32. The order of revocation also erroneously
states that he “admitted to the violation allegations contained in
the affidavit of violation.”    Instead, it should reflect that
Appellant was tried and found guilty of violating probation.

    AFFIRMED and REMANDED for entry of a corrected order.

LEWIS, WETHERELL, and WINOKUR, JJ., concur.
                _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Andy Thomas, Public Defender; Steven Seliger and Joel Arnold,
Assistant Public Defenders, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.




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Source:  CourtListener

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