Narrative Opinion Summary
The case involves an appeal concerning the sentencing order issued by the trial court. The appellant's counsel submitted a brief under Anders v. California, outlining three potential issues for appeal. The appellate court identified two substantial issues: a discrepancy in the restitution amount and an improperly imposed special condition of community control. Initially, the trial court ordered a restitution of $93.80, but the written documentation erroneously stated $104.75. The court ordered a correction to the restitution amount to reflect the accurate figure. Furthermore, a condition barring the appellant from possessing weapons without prior approval from a counselor was invalidated, as it was not pronounced during sentencing. This decision was supported by the precedent set in Malone v. State. All other aspects of the adjudication and disposition were affirmed. The court also rejected the appellant's argument concerning the application of previously imposed community control conditions to the new community control, referencing Jones v. State and Olvey v. State as supportive case law. The decision was concurred by Judges Schoonover and Patterson.
Legal Issues Addressed
Imposition of Special Conditions in Sentencingsubscribe to see similar legal issues
Application: The court struck down a special condition of community control that was not verbally pronounced during sentencing, citing it as improperly imposed.
Reasoning: A condition prohibiting the appellant from possessing weapons without prior counselor permission was deemed erroneous, as it was not stated during sentencing and was therefore struck down, citing Malone v. State.
Restitution Order Discrepancysubscribe to see similar legal issues
Application: The court identified an inconsistency between the restitution amount stated in court and the amount documented in the written order, requiring correction to reflect the accurate amount.
Reasoning: The trial court originally ordered restitution of $93.80, but the written order incorrectly stated $104.75. The court mandated correction to reflect the accurate restitution amount.
Validity of Community Control Conditionssubscribe to see similar legal issues
Application: The court dismissed the appellant's challenge regarding previous community control conditions applying to the new control, finding no merit in the argument.
Reasoning: It dismissed the appellant's claim regarding the trial court's advisement that previously imposed community control conditions would apply to the new community control, finding it without merit, referencing Jones v. State and Olvey v. State.