Jones v. State, 040320 FLCA1, 1D18-4533

• Opinion Judge: PER CURIAM.
• Party Name: Elroy Jones, Appellant, v. State of Florida, Appellee.
• Attorney: Andy Thomas, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
• Judge Panel: Roberts, Bilbrey, and Winokur, JJ., concur.
• Case Date: April 03, 2020

Elroy Jones, Appellant,

v.

State of Florida, Appellee.

No. 1D18-4533

Florida Court of Appeals, First District

April 3, 2020

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Escambia County. Stephen A. Pitre, Judge.

Andy Thomas, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this Anders^[*] appeal of the order of revocation of probation and resulting sentence, our independent review of the record confirms that no good faith issue warranting reversal is presented in the trial court proceedings. However, the order of revocation lists the paragraphs in the amended affidavit of violation of probation as if those paragraphs were the conditions of probation which Appellant violated. The case is therefore remanded for entry of a corrected order of revocation of probation to reflect the trial court's finding of willful and substantial violations of probation conditions 5, 9 and 11. Appellant need not be present for the correction. See Green v. State, 246 So.3d 1295 (Fla. 1st DCA 2018). In all other respects, the revocation order and the judgment and sentence are affirmed.

Affirmed and Remanded.

Roberts, Bilbrey, and Winokur, JJ., concur.

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Notes:

^[*] Anders v. California, 386 U.S. 738 (1967).

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