Jason Clarence Wolk v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledApril 9, 2021
Docket1D20-3294
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-3294
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JASON CLARENCE WOLK,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Santa Rosa County.
Darlene F. Dickey, Judge.
April 9, 2021
PER CURIAM.
Upon review under Anders v. California, 386 U.S. 738 (1967),
we find no reversible error and affirm Appellant’s judgment and
sentence. We write only to correct a scrivener’s error in the
judgment.
The Order of Revocation of Probation dated October 16, 2020,
states that Appellant was found to have violated multiple
conditions of probation. However, based on the hearing transcript,
Appellant admitted only to violating probation with a positive test
for methamphetamine. No evidence was offered at the violation of
probation hearing to prove Appellant violated other conditions of
probation. On remand, the trial court shall correct the order of
revocation of probation to correctly state the manner in which
Appellant violated probation.
The Order of Revocation of Probation also incorrectly states
that it is based on affidavit dated April 8, 2020. An amended
affidavit was filed on September 21, 2020, and that affidavit
contained the allegations at issue. On remand, the trial court shall
correct the order of revocation of probation to state that the
amended affidavit was filed on September 21, 2020.
Appellant need not be present for these ministerial corrections
to the judgment. See Williams v. State, 303 So. 3d 1290 (Fla. 1st
DCA 2020).
AFFIRMED and REMANDED for correction of a scrivener’s error.
BILBREY, KELSEY, and M.K. THOMAS, 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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Jessica J. Yeary, Public Defender, and Lori A. Willner, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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