Leon Nisbett v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledOctober 21, 2021
Docket2D21-0506
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
LEON NISBETT,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
Case No. 2D21-506
October 21, 2021
Appeal from the Circuit Court for Hillsborough County; Kimberly K.
Fernandez, Judge.
Howard L. Dimmig, II, Public Defender, and Susan M. Shanahan,
Assistant Public Defender, Bartow, for Appellant.
Leon Nisbett, pro se.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
PER CURIAM.
In this Anders1 appeal, we affirm the revocation of Leon
Nisbett's probation and his resulting sentences without further
comment. However, we remand for the correction of a scrivener's
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
scrivener's 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.
SILBERMAN, VILLANTI, and STARGEL, JJ., Concur.
Opinion subject to revision prior to official publication.
1 Anders v. California, 386 U.S. 738 (1967).
2