Florida District Courts of Appeal, 2019

Quinnteris D Bussie v. State of Florida

Florida District Courts of Appeal · Decided January 22, 2019

263 So. 3d 229 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Clifton D. Ephron v. State of Florida (Fla. Dist. Ct. App. 2019)

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Opinion

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_ No. 1D17-1803 _

QUINNTERIS D BUSSIE,

Appellant, v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Leon County.

James C. Hankinson, Judge.

January 22, 2019

PER CURIAM.

In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), we affirm the revocation of Appellant’s probation and the resulting sentence, but remand for the trial court to enter a corrected written order specifying that the Appellant only admitted violating the conditions of probation as alleged in the affidavit of violation of probation. See Altman v. State, 252 So. 3d 426, 426 (Fla. 1st DCA 2018) (citing to Margolis v. State, 148 So. 3d 532, 532 (Fla. 2d DCA 2014) (affirming revocation of probation and resulting sentence, but remanding for entry of corrected revocation order of listing only the conditions of probation to which the defendant admitted); Narvaez v. State, 674 So. 2d 868, 869 (Fla. 2d DCA 1996) (noting that written order of revocation must comport with oral pronouncement, and remanding with instructions to strike from the order violations neither admitted to nor found by the court). Appellant need not be present for this correction.

AFFIRMED, but REMANDED for correction.

WOLF, LEWIS, and WETHERELL, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.