Opinion
No. 89-2161.
August 30, 1990.
Appeal from the Circuit Court for St. Johns County; Richard G. Weinberg, Judge.
James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.
Earnest Rogers was convicted of aggravated battery and given a split sentence of 30 months incarceration followed by 5 years probation. He raises two points on appeal. We consider only the second point in which Rogers claims a scrivener's error occurred in the probation order. The probation order states that Rogers entered a plea of guilty to aggravated battery when, in fact, the record reveals that Rogers pled not guilty and received a jury trial. Rogers asked that the record be set straight. We agree, but find it unnecessary to remand this matter for such a simple correction.
Accordingly, the probation order entered herein is corrected to the extent that such order will reflect that Rogers pled not guilty and, following a jury trial, was found guilty of aggravated battery. In all other respects the judgment and sentence are affirmed.
Judgment and sentence AFFIRMED as corrected.
W. SHARP and COWART, JJ., concur.