NISBETT v. STATE (2021)

District Court of Appeal of Florida, Second District.

Leon NISBETT, Appellant, v. STATE of Florida, Appellee.

Case No. 2D21-506

Decided: October 21, 2021

Howard L. Dimmig, II, Public Defender, and Susan M. Shanahan, Assistant Public Defender, Bartow, for Appellant. Leon Nisbett, pro se. Ashley Moody, Attorney General, Tallahassee, for Appellee.

In this Anders ¹ appeal, we affirm the revocation of Leon Nisbett's probation and his resulting sentences without further comment. However, we remand for the correction of a scrivener's error in the order of revocation, which incorrectly states that Nisbett admitted to violating condition 5 of his probation. The record reflects that the trial court found Nisbett in violation after an evidentiary hearing on the numerous violations alleged in the amended affidavit of violation. See, e.g., Caldwell v. State, 72 So. 3d 779, 779-80 (Fla. 2d DCA 2011) (remanding for correction of scrivener's error where “[t]he [revocation] order incorrectly states that Caldwell admitted violating probation and that the court accepted the admission; however, the record shows that the court held a hearing on the violation, that Caldwell contested the fact that he violated, and that the court found a willful and substantial violation”).

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.

SILBERMAN, VILLANTI, and STARGEL, JJ., Concur.

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