John Reuben Anglin v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 5, 2022
Docket2D20-3287
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
JOHN REUBEN ANGLIN,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D20-3287
January 5, 2022
Appeal from the Circuit Court for Charlotte County; Donald H.
Mason, Judge.
Howard L. Dimmig, II, Public Defender, and Clark E. Green,
Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
PER CURIAM.
John Ruben Anglin challenges the revocation of his probation
and the resulting sentence in an appeal brought under Anders v.
California, 386 U.S. 738 (1967). We affirm both the revocation and
sentence without further comment. However, we remand for the
trial court to correct two scrivener's errors in the order of
revocation. See Huggins v. State, 216 So. 3d 785 (Fla. 2d DCA
2017).
First, the order of revocation states that Mr. Anglin admitted
to the violations, but it should indicate, in keeping with the record,
that he was found to be in violation following a hearing. The order
also erroneously reflects that Mr. Anglin violated special condition
two of his probation by failing to abstain from alcohol when the
record expressly reflects that he was found not to have violated that
special condition. The order of revocation should therefore be
corrected to reflect that Mr. Anglin was found to have violated
condition three by leaving his county of residence and condition five
by both resisting arrest without violence and committing a breach
of the peace. See Davis v. State, 259 So. 3d 313, 314 (Fla. 1st DCA
2018).
Affirmed; remanded.
MORRIS, C.J., and KELLY and SMITH, JJ., Concur.
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Opinion subject to revision prior to official publication.
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