Garcia v. State

Full title: Rigoberto GARCIA, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Oct 17, 2014

148 So. 3d 848 (Fla. Dist. Ct. App. 2014)

Opinion

No. 5D13–3613.

2014-10-17

Rigoberto GARCIA, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for Volusia County, Margaret W. Hudson, Judge. Rigoberto Garcia, Bonifay, pro se. James S. Purdy, Public Defender, and Matthew Funderburk, Assistant Public Defender, Daytona Beach, for Appellant.

PER CURIAM.

Appeal from the Circuit Court for Volusia County, Margaret W. Hudson, Judge.
Rigoberto Garcia, Bonifay, pro se. James S. Purdy, Public Defender, and Matthew Funderburk, Assistant Public Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm this Anders ¹ appeal but remand to correct two scrivener's errors in the judgment. First, the judgment should reflect, consistent with the trial court's oral pronouncement, that Garcia was sentenced as a prison releasee reoffender only as to Count I. Second, the judgment incorrectly indicates that Garcia entered a no contest plea when, in fact, he was convicted after a jury trial.

1 Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

AFFIRMED and REMANDED.

ORFINGER, EVANDER, and LAMBERT, JJ., concur.