Eric Calhoun v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJune 24, 2020
Docket2D19-1251
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
ERIC CALHOUN, DOC #B10035, )
)
Appellant, )
)
v. ) Case No. 2D19-1251
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed June 24, 2020.
Appeal from the Circuit Court for Lee
County; Nicholas R. Thompson, Judge.
Howard L. Dimmig, II, Public Defender,
and Richard P. Albertine, Jr., Assistant
Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General,
Tallahassee, for Appellee.
CASE, JAMES R., Associate Senior Judge.
In this appeal, reviewed pursuant to Anders v. California, 386 U.S. 738
(1967), we affirm the revocation of Mr. Calhoun's probation and resulting sentences
without comment. However, we reverse the written judgment that was reentered upon
revocation as superfluous in light of the judgment adjudicating his guilt that was entered
at the time of his original convictions and remand for the striking of that second written
judgment. See Freeman v. State, 225 So. 3d 929, 930 (Fla. 2d DCA 2017) ("Entering
those same judgments a second time in conjunction with the entry of the new written
sentences is an error, correctable in an Anders proceeding, that requires the reversal of
the new and superfluous written judgments."); Butler v. State, 195 So. 3d 1147, 1148
(Fla. 2d DCA 2016) ("Duplicative adjudications of guilt after revocation of probation or
community control are superfluous, are unauthorized, and can cause undue confusion
in future proceedings.").
Affirmed in part; reversed in part; remanded.
NORTHCUTT and SILBERMAN, JJ., Concur.
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