OOTEN v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Roger Lee OOTEN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-741

Decided: October 22, 2021

Matthew J. Metz, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, we affirm, without further elaboration, the judgment and sentence imposed by the trial court following Appellant's violation of probation trial. However, because the order revoking probation does not list the specific conditions of probation that Appellant was found to have violated, we remand to the trial court for entry of an amended order to include the conditions that it found were violated. See Ford v. State, 293 So. 3d 553, 554 (Fla. 2d DCA 2020) (affirming the judgment and sentence imposed but remanding to the trial court for the entry of an amended order specifying the conditions of probation violated by the defendant).

On remand, the amended order should also reflect the citation to the predecessor statute, section 794.041(2)(b), Florida Statutes, regarding Appellant's underlying criminal conviction.

AFFIRMED; REMANDED with directions for entry of amended revocation order consistent with this opinion.

FOOTNOTES

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

PER CURIAM.

LAMBERT, C.J., EDWARDS and WOZNIAK, JJ., concur.

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