Florida District Courts of Appeal, 2012

Atkins v. State

Atkins v. State
Florida District Courts of Appeal · Decided January 13, 2012 · Benton, Davis, Marstiller
77 So. 3d 245; 2012 Fla. App. LEXIS 351; 2012 WL 104502 (Southern Reporter, Third Series)

Atkins v. State

Opinion

PER CURIAM.

Antonio Atkins appeals the order revoking his probation and the resulting sentence. We affirm the trial court’s finding that Mr. Atkins violated his probation. See Yerrick v. State, 979 So.2d 1228, 1229 (Fla. 4th DCA 2008); Headley v. State, 770 So.2d 1244 (Fla. 1st DCA 2000). We reverse the sentence and remand for resen-tencing before a different judge. See Carswell v. State, 75 So.3d 419 (Fla. 1st DCA 2011). Because the order revoking probation incorrectly states that Mr. Atkins admitted violating probation, we direct that this scrivener’s error be corrected on remand.

Affirmed in part, reversed in part, and remanded.

BENTON, C.J., DAVIS, and MARSTILLER, JJ., concur.

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