Colleen Benson v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 15, 2020
Docket1D19-1142
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-1142
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COLLEEN BENSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Suwannee County.
Mark E. Feagle, Judge.
January 15, 2020
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
the Appellant’s probation and the resulting judgment and
sentence. However, the order of revocation indicates that the
Appellant violated conditions 1, 3, 5, 9, 11, and 15 of her probation.
The transcripts of the admission colloquy indicate that the
Appellant denied the two violations of condition 3, but otherwise
admitted the allegations in the violation of probation affidavit. The
State declined to pursue the two violations of condition 3.
Therefore, we remand for the correction of the scrivener’s error in
the order of revocation by removing condition 3 as one of the
conditions violated. See Green v. State, 246 So. 3d 1295, 1295-96
(Fla. 1st DCA 2018) (affirming the revocation of a defendant’s
probation and the resulting sentence in an Anders appeal, but
remanding for the correction of a scrivener’s error in the revocation
order).
RAY, C.J., and LEWIS and BILBREY, 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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Andy Thomas, Public Defender, and Megan Long, Assistant Public
Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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