POLITE v. STATE (2022)

District Court of Appeal of Florida, Fifth District.

Traviance POLITE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-2898

Decided: June 03, 2022

Matthew J. Metz, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, we affirm the judgment and sentence imposed on Traviance Polite following the revocation and termination of his probation. We remand, however, for the correction of a scrivener's error. The affidavit of violation alleged Polite violated condition 4 of his probation by possessing a firearm. Following a hearing, the trial court ruled Polite had possessed a firearm in violation of his probation but orally proclaimed that he violated condition 6. Polite's sentence reflects multiple violations of condition 5. On remand, the trial court should correct its order revoking and terminating probation to reflect Polite violated condition 4. See Harrison v. State, 313 So. 3d 926, 926–27 (Fla. 5th DCA 2021) (remanding to correct scrivener's error in revocation order to correctly reflect condition violated).

AFFIRMED and REMANDED.

FOOTNOTES

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

PER CURIAM.

LAMBERT, C.J., TRAVER and NARDELLA, JJ., concur.

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