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Stern v. State

District Court of Appeal of Florida, Fourth District
Dec 11, 2002
833 So. 2d 190 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 4D02-2197.

Opinion filed December 11, 2002.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ilona M. Holmes, Judge; L.T. Case No. 97-6140 CF10A.

Eliezer Stern, Naples, pro se.

No appearance required for appellee.


The order summarily denying Appellant's motion for postconviction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure, is affirmed, but the trial court on remand is directed to correct the scrivener's errors, to which the state's response indicated it had no objection, namely: in the judgment (reflecting that Appellant was found guilty of "sell counterfeit goods," when he was actually charged with, found guilty of, and convicted of vending goods with counterfeit trademarks); in the probation order (reflecting that Appellant entered a plea of guilty/nolo contendere and that he was being placed on probation on counts I-IV, when he pleaded not guilty and the information was amended prior to trial to reflect only one count); and in the disposition sheet (again reflecting four counts instead of one).

KLEIN, TAYLOR and MAY, JJ., concur.


Summaries of

Stern v. State

District Court of Appeal of Florida, Fourth District
Dec 11, 2002
833 So. 2d 190 (Fla. Dist. Ct. App. 2002)
Case details for

Stern v. State

Case Details

Full title:ELIEZER STERN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 11, 2002

Citations

833 So. 2d 190 (Fla. Dist. Ct. App. 2002)

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We therefore remand with directions to the postconviction court to correct the scrivener's error which is…