Tony Lamar Castro v. State of Florida

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D18-3679 _____________________________

TONY LAMAR CASTRO,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Bay County. Brantley S. Clark, Jr., Judge.

July 9, 2019

PER CURIAM.

In this appeal filed pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm the judgment, sentences, and the order revoking Appellant’s probation. However, we remand for the entry of a corrected probation revocation order that conforms to the trial court’s oral pronouncement that revocation was based only upon Appellant’s new law offenses. See Thomas v. State, 255 So. 3d 997, 997 (Fla. 1st DCA 2018) (affirming the revocation of probation and sentence but remanding for entry of a corrected revocation order that conformed to the trial court’s oral pronouncement); Sesco v. State, 254 So. 3d 1196, 1196 (Fla. 1st DCA 2018) (affirming the revocation of probation and sentence but remanding for the trial court to enter a corrected revocation order reflecting, consistent with its oral pronouncement, that the revocation was based only

on the new law offenses); Ross v. State, 212 So. 3d 1149, 1150 (Fla. 1st DCA 2017) (affirming the revocation of probation and sentences but remanding for entry of a corrected revocation order that conformed to the trial court’s oral pronouncement).

AFFIRMED but REMANDED for correction. LEWIS, MAKAR, and BILBREY, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.