BENSON v. STATE (2020)

District Court of Appeal of Florida, First District.

Colleen BENSON, Appellant, v. STATE of Florida, Appellee.

No. 1D19-1142

Decided: January 15, 2020

Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm the revocation of the Appellant's probation and the resulting judgment and sentence. However, the order of revocation indicates that the Appellant violated conditions 1, 3, 5, 9, 11, and 15 of her probation. The transcripts of the admission colloquy indicate that the Appellant denied the two violations of condition 3, but otherwise admitted the allegations in the violation of probation affidavit. The State declined to pursue the two violations of condition 3. Therefore, we remand for the correction of the scrivener's error in the order of revocation by removing condition 3 as one of the conditions violated. See Green v. State, 246 So. 3d 1295, 1295-96 (Fla. 1st DCA 2018) (affirming the revocation of a defendant's probation and the resulting sentence in an Anders appeal, but remanding for the correction of a scrivener's error in the revocation order).

Per Curiam.

Ray, C.J., and Lewis and Bilbrey, JJ., concur.

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