John Urbaniak v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledAugust 19, 2022
Docket2D21-3315
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
JOHN URBANIAK,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D21-3315
August 19, 2022
Appeal from the Circuit Court for Manatee County; Lon S. Arend,
Judge.
Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz,
Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
SLEET, Judge.
John Urbaniak challenges the trial court's order revoking his
probation and the sentence imposed upon revocation. We affirm
the order and sentence without comment but remand for correction
of scrivener's errors in the revocation order.
Despite the trial court's oral pronouncement that Urbaniak
violated special condition four of his probation, the written order
incorrectly states that he violated conditions two and ten.
Additionally, the written order incorrectly states that Urbaniak
admitted the violation when in actuality the trial court determined
him to be in violation following a revocation hearing. Accordingly,
we remand for corrections of these scrivener's errors. See Cook v.
State, 336 So. 3d 409, 409 (Fla. 2d DCA 2022) (affirming revocation
of probation but remanding "for entry of an amended order correctly
reflecting the conditions of probation that Cook was found to have
violated"); Zurline v. State, 312 So. 3d 995, 995 (Fla. 2d DCA 2021)
(affirming but remanding for the trial court to correct the order of
revocation "to reflect that Zurline was found to be in violation after
an evidentiary hearing"). Urbaniak need not be present for the
corrections. See Swaford v. State, 320 So. 3d 331, 332 (Fla. 2d
DCA 2021).
Affirmed and remanded.
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SILBERMAN and LUCAS, JJ., Concur.
Opinion subject to revision prior to official publication.
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