Beau Daniels v. State

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 BEAU DANIELS, Appellant, v. Case No. 5D15-3745 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 8, 2016 Appeal from the Circuit Court for Putnam County, Clyde E. Wolfe, Judge. James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm the judgment and sentences imposed by the trial court following the revocation of Appellant’s drug offender probation, but we find it necessary to remand this case with directions that the court correct a scrivener’s error in the order revoking probation to reflect that Appellant admitted to violating condition five of his probation. The revocation order inadvertently states that Appellant violated conditions one and two of his probation; however, he was never charged with violating these two conditions. See generally Romine v. State, 184 So. 3d 1172, 1174 (Fla. 2d DCA 2015) (finding that remand was appropriate to correct technical error in order revoking probation to clarify sole condition of probation that defendant admitted to violating). AFFIRMED; REMANDED to correct scrivener’s error. COHEN, WALLIS and LAMBERT, JJ., concur. 2