Opinion
No. 77-353.
September 30, 1977.
Appeal from Circuit Court, Polk County; William A. Norris, Jr., Judge.
Jack O. Johnson, Public Defender, and James A. Cornelius, Asst. Public Defender, Bartow, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.
Appellant entered a plea of nolo contendere to the charge of aggravated battery and was placed on three-years probation. After a hearing in which appellant's probation was properly revoked, he was adjudicated guilty of aggravated battery and sentenced to ten years in prison. The judgment and sentence, however, is inconsistent with the trial court's prior finding that appellant was guilty of aggravated battery in that it reflects appellant was adjudicated guilty of aggravated assault.
Remanded for correction of the judgment and sentence to indicate appellant was adjudicated guilty of aggravated battery; otherwise affirmed. Appellant need not be present for this purpose.
BOARDMAN, C.J., and GRIMES and SCHEB, JJ., concur.