Florida District Courts of Appeal, 2011

Nickolas v. State

Florida District Courts of Appeal · Decided August 9, 2011 · Thomas, Wetherell, Swanson

66 So. 3d 1077; 2011 Fla. App. LEXIS 12385; 2011 WL 3464394 (Southern Reporter, Third Series)

Cases that cite this one

10 later published cases cite this decision.

Ross v. State (Fla. Dist. Ct. App. 2017)
Williams v. State (Fla. Dist. Ct. App. 2014)
Fowler v. State (Fla. Dist. Ct. App. 2012)
William G Green v. State of Florida (Fla. Dist. Ct. App. 2018)
Sherry Santangelo v. State of Florida (Fla. Dist. Ct. App. 2017)
Trey Harris v. State of Florida (Fla. Dist. Ct. App. 2017)
Marcus Edward Nall v. State of Florida (Fla. Dist. Ct. App. 2017)
Santangelo v. State (Fla. Dist. Ct. App. 2017)
Nall v. State (Fla. Dist. Ct. App. 2017)
Thompson v. State (Fla. Dist. Ct. App. 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

In this Anders 1 appeal, we affirm Appellant’s judgment and sentence, but remand for the trial court to correct the order revoking his probation. Although the State alleged that Appellant violated his probation by committing five new law offenses, the lower court found that the evidence supported revocation based only on the offense of resisting an officer with violence. The revocation order provides, however, that Appellant violated the conditions of his probation by committing all five offenses. We, therefore, remand for the trial court to correct the revocation order. See Washington v. State, 37 So.3d 376 (Fla. 1st DCA 2010) (affirming a judgment and sentence in an Anders appeal but remanding for the court to correct a revocation order reflecting the appropriate condition violated); Leggs v. State, 27 So.3d 155 (Fla. 1st DCA 2010) (affirming, in an Anders appeal, the appellant’s judgment and sentence, but remanding with directions that the trial court enter an order specifying the conditions of probation violated). Appellant need not be present. See Baldwin v. State, 855 So.2d 1180 (Fla. 1st DCA 2003) (remanding for entry of a written revocation order conforming to the oral pronouncement in an Anders appeal).

AFFIRMED and REMANDED.

THOMAS, WETHERELL, and SWANSON, JJ„ concur.

. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

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