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Allen v. State
228 So. 3d 681
| Fla. Dist. Ct. App. | 2017
|
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*1 NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT CIERA MONIQUE ALLEN, )

)

Appellant, )

)

v. ) Case No. 2D17-910

)

STATE OF FLORIDA, )

)

Appellee. )

___________________________________ )

Opinion filed October 18, 2017.

Appeal from the Circuit Court for Polk

County; Kelly P. Butz, Judge.

Howard L. Dimmig, II, Public Defender,

and Pamela H. Izakowitz, Assistant Public

Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General,

Tallahassee, for Appellee.

SILBERMAN, Judge.

In this Anders [1] appeal, we affirm the revocation of Ciera Monique Allen's drug offender probation and resulting sentence for possession of hydrocodone. We remand only for the trial court to correct the revocation order to conform to the trial *2 court's oral pronouncement. See Jones v. State, 221 So. 3d 736, 736 (Fla. 2d DCA 2017); Symes v. State, 193 So. 3d 1067, 1067 (Fla. 2d DCA 2016).

An amended affidavit of violation of probation (VOP) was filed in January 2017 that alleged one violation of condition 2, two violations of condition 7, two violations of special condition 3, one violation of special condition 7, and one violation of special condition 8. At the revocation hearing, the trial court stated that it would delete the violation of special condition 7, and Allen then admitted to violating the conditions in the amended VOP affidavit. But the written revocation order states that Allen admitted all conditions stated in the January 2017 amended VOP affidavit. Therefore, we remand for the trial court to correct the revocation order to indicate that Allen did not admit to a violation of special condition 7.

Affirmed and remanded.

LaROSE, C.J., and MORRIS, JJ., Concur.

- 2 -

[1] Anders v. California, 386 U.S. 738 (1967).

Case Details

Case Name: Allen v. State
Court Name: District Court of Appeal of Florida
Date Published: Oct 18, 2017
Citation: 228 So. 3d 681
Docket Number: Case 2D17-910
Court Abbreviation: Fla. Dist. Ct. App.
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