JOHNSON v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Jennifer Jill JOHNSON, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-3598

Decided: July 24, 2020

James S. Purdy, Public Defender, and Darnelle P. Lawshe, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, we affirm the revocation of Appellant's community control and the resulting sentence. We remand, however, with instructions for the trial court to strike the reference to special condition 15b in the amended order of revocation as it was not a condition of community control in this case, nor was it alleged in the violation affidavit. See Altman v. State, 252 So. 3d 426, 426 (Fla. 1st DCA 2018).

AFFIRMED; REMANDED with instructions.

FOOTNOTES

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

PER CURIAM.

COHEN, GROSSHANS, and SASSO, JJ., concur.

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