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Price v. State

District Court of Appeal of Florida, First District
Apr 15, 2005
899 So. 2d 493 (Fla. Dist. Ct. App. 2005)

Opinion

No. 1D04-0538.

April 15, 2005.

An appeal from the Circuit Court for Escambia County, Michael G. Allen, Judge.

Nancy A. Daniels, Public Defender, and Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; Edward C. Hill, Jr., Special Counsel, Criminal Appeals, Tallahassee, for Appellee.


We affirm the appellant's convictions and sentences as to all case numbers and counts without comment except for Count II of Case Number 03-0095. Because the state nolle prossed that count, the trial court's adjudication of guilt and oral pronouncement of sentence was error. Accordingly, we reverse and remand with directions for the trial court to strike this count from the appellant's written judgment. The appellant need not be present when the trial court corrects this error. See Anderson v. State, 890 So.2d 428, 428 (Fla. 1st DCA 2004).

AFFIRMED in part, REVERSED in part, and REMANDED.

DAVIS, LEWIS and POLSTON, JJ., CONCUR.


Summaries of

Price v. State

District Court of Appeal of Florida, First District
Apr 15, 2005
899 So. 2d 493 (Fla. Dist. Ct. App. 2005)
Case details for

Price v. State

Case Details

Full title:Daniel PRICE, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Apr 15, 2005

Citations

899 So. 2d 493 (Fla. Dist. Ct. App. 2005)