HARVIS v. STATE (2018)

District Court of Appeal of Florida, First District.

Isaac J. HARVIS, Appellant, v. STATE of Florida, Appellee.

No. 1D17-4021

Decided: August 30, 2018

Andy Thomas, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg, Assistant Attorney General, Tallahassee, for Appellee.

We affirm Appellant's judgment and sentence but remand for correction of a scrivener's error. The Order of Revocation of Probation indicates the trial court found Appellant guilty of each of the alleged violations of probation. However, at the evidentiary hearing, the trial court orally pronounced Appellant was found guilty of willfully violating his probation by violating Condition 5, committing a new law violation, Condition 3, changing residence without permission, and Condition 15, failing to remain confined to his approved residence. The trial court found Appellant not-guilty of violating his probation for failing to pay cost of supervision, nor failing to complete community service. Thus, we affirm the convictions and sentences, but remand to the trial court for correction of the scrivener's error. See Cook v. State, 947 So.2d 1207 (Fla. 1st DCA 2007); Craig v. State, 245 So.3d 1015 (Fla. 1st DCA 2018). Appellant's presence at such correction is unnecessary.

Affirmed and Remanded.

Per Curiam.

B.L. Thomas, C.J., and Rowe and M.K. Thomas, JJ., concur.

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