SANTIAGO v. STATE (2023)

District Court of Appeal of Florida, Sixth District.

Pedro Jose SANTIAGO, Appellant, v. STATE of Florida, Appellee.

Case No. 6D23-1589

Decided: September 08, 2023

Howard L. “Rex” Dimmig, II, Public Defender, and Joanna Beth Conner, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Marissa V. Giles, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm the trial court's revocation of Appellant's community control and the resulting prison sentences.¹ See Quijano v. State, 270 So. 3d 549, 551 (Fla. 2d DCA 2019) (concluding that no fundamental error occurred where the affidavit of violation, though citing to an incorrect condition number, put the defendant on notice of the misconduct of which he was accused so that the defendant's ability to defend was not prejudiced, and further concluding that such error is considered harmless if the State offers sufficient evidence that the defendant is guilty of the alleged conduct, though not necessarily of the numbered condition). However, we remand for the trial court to enter an amended order to reflect that Appellant violated condition 15, instead of condition 19, of his community control and that it was community control, and not probation, that was revoked.

AFFIRMED; REMANDED with directions.

FOOTNOTES

1. This case was transferred from the Fifth District Court of Appeal to this Court on January 1, 2023.

PER CURIAM.

WOZNIAK and WHITE, JJ., and LAMBERT, B.D., Associate Judge, concur.

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