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Michael Allen Clark v. State of Florida, 18-2472 (2019)

Court: District Court of Appeal of Florida Number: 18-2472 Visitors: 6
Filed: Jul. 10, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-2472 _ MICHAEL ALLEN CLARK, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Bay County. Brantley S. Clark, Judge. July 10, 2019 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. We note, however, that the written revocation order does not conform to the trial court’s oral pronouncemen
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         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                         No. 1D18-2472
                 _____________________________

MICHAEL ALLEN CLARK,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


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

                          July 10, 2019


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. We note, however, that the
written revocation order does not conform to the trial court’s oral
pronouncement in that it indicates Appellant violated conditions
three and five of his probation, when the court found only a
violation of condition three. On remand, the court should enter a
corrected order accurately specifying the basis for the revocation.
See Wilkerson v. State, 
82 So. 3d 1201
(Fla. 1st DCA 2012).

    AFFIRMED and REMANDED with directions.

RAY, C.J., and 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, and Joel Arnold, Assistant Public
Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.




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Source:  CourtListener

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