QUARTIER v. STATE (2018)

District Court of Appeal of Florida, Fifth District.

Joshua Daniel QUARTIER, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-939

Decided: October 12, 2018

James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm the order revoking Appellant's community control and the resulting judgment and sentence following an open plea. However, we remand for the trial court to correct a clerical error in the order to reflect that Appellant admitted to violating Condition 16 of his community control.¹ The order presently under review shows a Condition 24 violation, which was never alleged.

AFFIRMED; REMANDED with directions to enter a corrected order of revocation of community control consistent with this opinion.

FOOTNOTES

1. The affidavit of violation alleged a Condition 15 violation. However, this too appears to be a clerical error as the factual allegations contained in this paragraph of the affidavit alleging the violation are substantively consistent with a violation of Condition 16 of community control for Appellant failing to remain at his approved residence during specified times.

PER CURIAM.

COHEN, C.J., WALLIS and LAMBERT, JJ., concur.

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