HARDY v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Samuel Lee HARDY, Appellant, v. STATE of Florida, Appellee.

Case No. 5D20-649

Decided: September 11, 2020

James S. Purdy, Public Defender, and Glendon George Gordon, Jr., Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, we affirm Samuel Lee Hardy's probation revocation and sentence. However, we remand for the trial court to conform the written order of revocation to the trial court's oral order, which dismissed one of the two alleged condition 5 new law violations, “kidnap/false imprisonment of a child.” See Hernandez v. State, 254 So. 3d 1091, 1092 (Fla. 3d 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.

ORFINGER, COHEN and TRAVER, JJ., concur.

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