TAYLOR v. STATE (2023)

In this Anders *appeal, Appellant Juanita Taylor appeals her judgment and sentence following her violation of probation. We affirm. However, we remand this matter to the trial court for correction of a scrivener's error in the order revoking probation. See Carmona v. State, 363 So. 3d 1115 (Fla. 5th DCA 2023).

More specifically, the order revoking probation identifies Taylor violated three conditions: condition 2 (Failure to pay cost of supervision), condition 3 (Changing residence without first procuring the consent of the probation officer—absconding), and condition 8 (Failure to work diligently at lawful occupation, advise employer of probation status, support dependents). However, the affidavit of violation of probation identifies, inter alia, violation of special condition 8 by failing to complete 100 hours of community service. Nowhere is it alleged Taylor violated standard condition 8.

The totality of the record before us, including the transcript of the hearing during which Taylor admitted her violation of probation, makes clear it was special condition 8 she acknowledged having violated. Accordingly, this case is Affirmed and Remanded with instructions to correct the scrivener's error in the order revoking probation to properly identify violation of special condition 8 (Failure to complete 100 hours of community service).

It is so ordered.

FOOTNOTES

FOOTNOTE.   See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

Soud, J.

Boatwright and Kilbane, JJ., concur.