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Altman v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Sep 5, 2018
252 So. 3d 426 (Fla. Dist. Ct. App. 2018)

Summary

affirming the revocation of the appellant's probation and the resulting sentence in the Anders appeal but remanding for the trial court to enter a corrected written order specifying that the appellant only admitted to violating the conditions of probation as alleged in grounds I through X of the fourth amended affidavit of violation of probation

Summary of this case from Ephron v. State

Opinion

No. 1D18-0843

09-05-2018

Christopher Lamont ALTMAN, Appellant, v. STATE of Florida, Appellee.

Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.


Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

Per Curiam.

In this appeal pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm the revocation of Appellant's probation and the resulting sentence, but remand for the trial court to enter a corrected written order specifying that the Appellant only admitted violating the conditions of probation as alleged in grounds I through X of the fourth amended affidavit of violation of probation. See Margolis v. State , 148 So.3d 532, 532 (Fla. 2d DCA 2014) (affirming revocation of probation and resulting sentence, but remanding for entry of corrected revocation order of listing only the conditions of probation to which the defendant admitted); Narvaez v. State , 674 So.2d 868, 869 (Fla. 2d DCA 1996) (noting that written order of revocation must comport with oral pronouncement, and remanding with instructions to strike from the order violations neither admitted to nor found by the court). Appellant need not be present for this correction.

AFFIRMED but REMANDED for correction.

B.L. Thomas, C.J., and Osterhaus and Bilbrey, JJ., concur.


Summaries of

Altman v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Sep 5, 2018
252 So. 3d 426 (Fla. Dist. Ct. App. 2018)

affirming the revocation of the appellant's probation and the resulting sentence in the Anders appeal but remanding for the trial court to enter a corrected written order specifying that the appellant only admitted to violating the conditions of probation as alleged in grounds I through X of the fourth amended affidavit of violation of probation

Summary of this case from Ephron v. State
Case details for

Altman v. State

Case Details

Full title:CHRISTOPHER LAMONT ALTMAN, Appellant, v. STATE OF FLORIDA, Appellee.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Sep 5, 2018

Citations

252 So. 3d 426 (Fla. Dist. Ct. App. 2018)

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