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Isaac J. Harvis v. State of Florida, 17-4021 (2018)

Court: District Court of Appeal of Florida Number: 17-4021 Visitors: 1
Filed: Aug. 30, 2018
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-4021 _ ISAAC J. HARVIS, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Bay County. Brantley S. Clark, Jr., Judge. August 30, 2018 PER CURIAM. We affirm Appellant’s judgment and sentence but remand for correction of a scrivener’s error. The Order of Revocation of Probation indicates the trial court found Appellant guilty of each of the alleged violations of probation. However, at the evidentiary hearing,
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          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                   _____________________________

                           No. 1D17-4021
                   _____________________________

ISAAC J. HARVIS,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                   _____________________________

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

                          August 30, 2018

PER CURIAM.

     We affirm Appellant’s judgment and sentence but remand for
correction of a scrivener’s error. The Order of Revocation of
Probation indicates the trial court found Appellant guilty of each
of the alleged violations of probation. However, at the evidentiary
hearing, the trial court orally pronounced Appellant was found
guilty of willfully violating his probation by violating Condition 5,
committing a new law violation, Condition 3, changing residence
without permission, and Condition 15, failing to remain confined
to his approved residence. The trial court found Appellant not-
guilty of violating his probation for failing to pay cost of
supervision, nor failing to complete community service. Thus, we
affirm the convictions and sentences, but remand to the trial court
for correction of the scrivener’s error. See Cook v. State, 
947 So. 2d 1207
(Fla. 1st DCA 2007); Craig v. State, 
2018 WL 3040780
(Fla.
1st DCA June 2, 2018). Appellant’s presence at such correction is
unnecessary.

    AFFIRMED and REMANDED.

B.L. THOMAS, C.J., and ROWE and M.K. THOMAS, 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.

Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg,
Assistant Attorney General, Tallahassee, for Appellee.




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Source:  CourtListener

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