10-6547 ERVIN JAMES FINDLEY, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 10-6547

Case Date: 06/08/2011

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ERVIN JAMES FINDLEY, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed June 8, 2011. An appeal from the Circuit Court for Escambia County. W. Joel Boles, Judge. Nancy A. Daniels, Public Defender, and Joel Arnold and Steven L. Seliger, Assistant Public Defenders, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-6547

PER CURIAM. We affirm the trial court's order revoking probation, lifting a previous suspension of sentence, and sentencing the appellant to 36 months in prison. We remand this case to the trial court, however, to enter a corrected revocation order reflecting that at the violation hearing, the appellant admitted violating only

Conditions (3) and (11) and then entered a plea of nolo contendere accordingly. Because the entry of the corrected order is merely a ministerial act, the appellant need not be present. See Enno v. State, 36 Fla. L. Weekly D396 (Fla. 1st DCA Feb. 22, 2011); Stokes v. State, 1 So. 3d 1141, 1142 (Fla. 1st DCA 2009). AFFIRMED and REMANDED for entry of a corrected order. THOMAS, WETHERELL, AND MARSTILLER, JJ., CONCUR.

2

Download 10-6547 ERVIN JAMES FINDLEY, v. STATE OF FLORIDA.pdf