Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Larry James TAYLOR, Appellant, v. STATE of Florida, Appellee.
In this appeal brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we issued a Causey * order directing counsel to file supplemental briefs addressing whether competent substantial evidence supported the trial court's revocation of Appellant's community control based, in part, on alleged violations of condition 5 of Appellant's community control, and whether Appellant admitted to those violation charges as represented in the Order of Revocation of Community Control. After considering the court-ordered briefing on the issues, we affirm the trial court's Order of Revocation of Community Control and the judgment and sentence for domestic violence by strangulation. However, we agree with Appellant, and Appellee concedes, that we must remand for the trial court to conform the written order to its oral pronouncement at the hearing that Appellant violated only condition 16 of his community control—failure to remain confined to his approved residence. On remand, the trial court shall strike that portion of the order finding Appellant violated condition 5 of his community control and also strike the language that he admitted to doing so. See Enno v. State, 59 So. 3d 149 (Fla. 1st DCA 2011); Stokes v. State, 1 So. 3d 1141, 1142 (Fla. 1st DCA 2009). Because the entry of the corrected order is merely a ministerial act, Appellant need not be present. Stokes, 1 So. 3d at 1142.
Affirmed and Remanded for entry of a corrected order.
FOOTNOTES
FOOTNOTE. State v. Causey, 503 So. 2d 321 (Fla. 1987).
Per Curiam.
Ray, C.J., and Bilbrey and Jay, JJ., concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 1D18-2827
Decided: December 31, 2019
Court: District Court of Appeal of Florida, First District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)