PARTEE v. STATE (2021)

District Court of Appeal of Florida, First District.

Antwuan PARTEE, Appellant, v. STATE of Florida, Appellee.

No. 1D20-2376

Decided: June 28, 2021

Jessica J. Yeary, Public Defender, and Jasmine Russell, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

In this Anders appeal, we affirm Appellant's judgment and sentence, but remand for the trial court to correct a scrivener's error in the order revoking Appellant's community control and to specify the conditions of community control Appellant violated. See Harris v. State, 229 So. 3d 444 (Fla. 1st DCA 2017); Leggs v. State, 27 So. 3d 155 (Fla. 1st DCA 2010). Appellant was not on community control for count II, attempted sexual battery, as stated in the revocation order because he did not plead to that offense in his original plea bargain on July 30, 2019, and the offense was omitted from the judgment and sentence. We therefore remand for the trial court to correct the revocation order.

Per Curiam.

Roberts, Rowe, and Jay, JJ., concur.

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