OTERO v. STATE (2022)

In this Anders ¹ appeal, we affirm the trial court's order revoking Appellant's probation following a bench trial and the resulting judgment and sentence. We do, however, find it necessary to remand this case for the entry of an amended revocation order to correct two ministerial errors.

First, the present order does not indicate the specific conditions of probation the trial court found Appellant to have violated. See King v. State, 46 So. 3d 1171, 1172 (Fla. 4th DCA 2010) (“If a trial court revokes a defendant's probation, the court is required to render a written order noting the specific conditions of probation that were violated.”). Second, the order states that Appellant admitted to violating his probation instead of showing that he was found in willful violation of probation after trial.

Accordingly, the trial court is directed to enter an amended order revoking Appellant's probation with these two ministerial corrections.²

AFFIRMED; REMANDED, with directions.

FOOTNOTES

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

2.   Appellant does not need to be present for the entry of the amended order.

PER CURIAM.

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