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Tony Lamar Castro v. State of Florida, 18-3679 (2019)

Court: District Court of Appeal of Florida Number: 18-3679 Visitors: 2
Filed: Jul. 09, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-3679 _ TONY LAMAR CASTRO, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Bay County. Brantley S. Clark, Jr., Judge. July 9, 2019 PER CURIAM. In this appeal filed pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm the judgment, sentences, and the order revoking Appellant’s probation. However, we remand for the entry of a corrected probation revocation order that conforms to the trial court’s
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          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                 _____________________________

                         No. 1D18-3679
                 _____________________________

TONY LAMAR CASTRO,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Bay County.
Brantley S. Clark, Jr., Judge.

                           July 9, 2019


PER CURIAM.

     In this appeal filed pursuant to Anders v. California, 
386 U.S. 738
(1967), we affirm the judgment, sentences, and the order
revoking Appellant’s probation. However, we remand for the entry
of a corrected probation revocation order that conforms to the trial
court’s oral pronouncement that revocation was based only upon
Appellant’s new law offenses. See Thomas v. State, 
255 So. 3d 997
,
997 (Fla. 1st DCA 2018) (affirming the revocation of probation and
sentence but remanding for entry of a corrected revocation order
that conformed to the trial court’s oral pronouncement); Sesco v.
State, 
254 So. 3d 1196
, 1196 (Fla. 1st DCA 2018) (affirming the
revocation of probation and sentence but remanding for the trial
court to enter a corrected revocation order reflecting, consistent
with its oral pronouncement, that the revocation was based only
on the new law offenses); Ross v. State, 
212 So. 3d 1149
, 1150 (Fla.
1st DCA 2017) (affirming the revocation of probation and
sentences but remanding for entry of a corrected revocation order
that conformed to the trial court’s oral pronouncement).

    AFFIRMED but REMANDED for correction.

LEWIS, MAKAR, and BILBREY, 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, and Megan Long, Assistant Public
Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.




                                 2

Source:  CourtListener

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