From Casetext: Smarter Legal Research

Dennis v. State

District Court of Appeal of Florida, First District
Dec 19, 2005
917 So. 2d 288 (Fla. Dist. Ct. App. 2005)

Opinion

No. 1D05-2941.

December 19, 2005.

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

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General, Tallahassee, for Appellee.


We affirm the appellant's judgment and sentence but remand for correction of a scrivener's error contained in the written judgment. See Diaz v. State, 910 So.2d 894 (Fla. 1st DCA 2005) (remanding for correction of scrivener's error in the judgment); Bolware v. State, 668 So.2d 200 (Fla. 1st DCA 1995) (same). The judgment erroneously recites that the appellant was convicted of the sale of a controlled substance within 1,000 feet of a school, when the appellant entered a plea to the lesser included offense of possession of cocaine. The judgment must be corrected to reflect the appellant's conviction for possession of cocaine, not the sale of a controlled substance within 1,000 feet of a school.

AFFIRMED and REMANDED with instructions.

WEBSTER, BROWNING and POLSTON, JJ. concur.


Summaries of

Dennis v. State

District Court of Appeal of Florida, First District
Dec 19, 2005
917 So. 2d 288 (Fla. Dist. Ct. App. 2005)
Case details for

Dennis v. State

Case Details

Full title:Vince DENNIS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Dec 19, 2005

Citations

917 So. 2d 288 (Fla. Dist. Ct. App. 2005)

Citing Cases

Shabazz v. State

We affirm Appellant's conviction and sentence but remand for correction of a scrivener's error contained in…

Bryant v. State

We agree and remand for correction of this scrivener's error. See Dennis v. State, 917 So.2d 288, 288-89…