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NISBETT v. STATE (2021)

District Court of Appeal of Florida, Second District.2021-10-21No. Case No. 2D21-506

Authorities cited

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Opinion

In this Anders

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appeal, we affirm the revocation of Leon Nisbetts probation and his resulting sentences without further comment. However, we remand for the correction of a scriveners error in the order of revocation, which incorrectly states that Nisbett admitted to violating condition 5 of his probation. The record reflects that the trial court found Nisbett in violation after an evidentiary hearing on the numerous violations alleged in the amended affidavit of violation. See, e.g., Caldwell v. State, 72 So. 3d 779, 779-80 (Fla. 2d DCA 2011) (remanding for correction of scriveners error where “[t]he [revocation] order incorrectly states that Caldwell admitted violating probation and that the court accepted the admission; however, the record shows that the court held a hearing on the violation, that Caldwell contested the fact that he violated, and that the court found a willful and substantial violation”). Affirmed; remanded with instructions.

FOOTNOTES

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

PER CURIAM.

SILBERMAN, VILLANTI, and STARGEL, JJ., Concur.