IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
ELBERT BERNARD SIPP,
Appellant,
v. Case No. 5D14-184
STATE OF FLORIDA,
Appellee.
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Opinion filed July 11, 2012
Appeal from the Circuit
Court for Volusia County,
Frank Marriott, Judge.
James S. Purdy, Public Defender, and
Robert J. Pearce III and George D.E.
Burden, Assistant Public Defender,
Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Allison L. Morris,
Assistant Attorney General, Daytona
Beach, for Appellee.
PER CURIAM.
Elbert Bernard Sipp (defendant), appeals the trial court's orders adjudicating him
guilty of violating his community control (VOCC) and sentencing him to a term of
imprisonment. Finding no reversible error, we affirm the adjudication and sentencing
order. However, the adjudication order contains two scrivener's errors that must be
corrected.
First, the adjudication order reads that the defendant admitted to violating his
community control when in fact the court found, after a VOCC hearing, that he had
violated his community control. Therefore, the portion of the order which states that the
defendant “admits violation” must be deleted.
Second, after the defendant was found to have violated his community control, his
community control was revoked and he was ordered to serve the suspended portion of
his sentence, which was 41.15 months in prison. The adjudication order classifies his
conviction for attempted burglary of an unoccupied dwelling as a second-degree felony,
but attempted burglary of an unoccupied dwelling is a third-degree felony. See §
810.02(3)(b), Fla. Stat., 777.04(4)(d), Fla. Stat. Therefore, the order must be corrected to
reflect his conviction for a third-degree felony.
AFFIRMED; REMANDED with instructions.
TORPY, C.J., PALMER and COHEN, JJ., concur.
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