          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                          No. 1D18-0722
                  _____________________________

TERRY JAMES TOWNSEND,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                  _____________________________


On appeal from the Circuit Court for Santa Rosa County.
John F. Simon, Judge.

                            May 30, 2019


PER CURIAM.

     This direct criminal appeal was brought pursuant to Anders
v. California, 386 U.S. 738 (1967). Having reviewed the entire
record, we affirm the trial court’s revocation of Appellant’s
probation and the resulting judgment and sentence. However, we
remand for correction of a scrivener’s error in the Order of
Revocation of Probation, which states, inter alia, that Appellant
violated conditions of probation (1) and (5) as alleged in charges
VI, VII, and VIII, and that Appellant admitted to those violations.
The record reflects that Appellant admitted to violating special
condition (2) as alleged in charges I-V. It does not reflect that
Appellant admitted to violating conditions (1) and (5) as alleged in
charges VI, VII, or VIII, nor did the trial court find at the violation
of probation hearing that Appellant violated those conditions. The
record also does not reflect that the state attempted to
demonstrate a basis to revoke as to those conditions. Rather, the
inclusion of those conditions in the order of revocation appears to
be a scrivener’s error. See Kemp v. State, 135 So. 3d 347 (Fla. 1st
DCA 2013). On remand, the Order of Revocation of Probation
should be corrected to reflect that the revocation is based on the
condition of Appellant’s probation that he admitted to violating.

MAKAR, OSTERHAUS, and BILBREY, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Andy Thomas, Public Defender, and Steven L. Seliger, Assistant
Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.




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