ELAINE ALTHEA WYNN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ELAINE ALTHEA WYNN, APPELLANT,
STATE OF FLORIDA, APPELLEE
394 So. 2d 225
Florida District Court of Appeal, Fifth District (1981)
Positive Treatment
Cited by 3 cases
Opinion of the Court
ORFINGER, Judge.
The judgment of conviction is affirmed. Both parties to this appeal agree, however, that the judgment contains a scrivener’s error; i. e., it recites that appellant entered a plea of guilty to the charge for which she was convicted when, in fact, she pled not guilty and was found guilty by a jury. The judgment is therefore modified to reflect that appellant was tried and found guilty by a jury of the offense of burglary of a dwelling. As so modified, the judgment and sentence are
AFFIRMED.
COBB and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Griffin v. State, 403 So. 2d 623 (Fla. 5th DCA 1981)…guilty that was entered pursuant to a written plea agreement. A defendant should file a post-trial motion with the trial court seeking to withdraw a plea prior to appealing the plea. Robinson v. State, 373 So. 2d 898 (Fla.1979); Wallace v. State, 394 So. 2d 225 (Fla. 5th DCA 1981); Wells v. State, 390 So. 2d 808 (Fla. 5th DCA 1980); Counts v. State, 376 So. 2d 59 (Fla.2d DCA 1979). There is nothing in the record to show that any such post-trial motion was filed in the case at hand. Accordingly, we dismiss…
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Brister v. State, 562 So. 2d 452 (Fla. 5th DCA 1990)…ccordingly, the probation order in Circuit Court Case No. 89-3441 is modified to show that the total of the probationary [*453] split sentence is 4 years rather than 4¾⅛ years. Cf. Nobile v. State, 542 So. 2d 1066 (Fla. 5th DCA 1989); Wynn v. State, 394 So. 2d 225 (Fla. 5th DCA 1981). As corrected, the judgment and sentence and probation orders are affirmed. DAUKSCH and COWART, JJ., concur. . The probation order erroneously suggests that the appellant received a "true split sentence" rather than a “probati…
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Capo v. State, 397 So. 2d 409 (Fla. 5th DCA 1981)…imprisonment. Appellant has appealed the judgment and his sentence. Prior to the appeal, he did not file any post-conviction motions. We dismiss the appeal of the judgment pursuant to Robinson v. State, 373.So. 2d 898 (Fla.1979); Wallace v. State, 394 So. 2d 225 (Fla. 5th DCA 1981); and Counts v. State, 376 So. 2d 59 (Fla.2d DCA 1979). We affirm the sentence. DISMISSED in part; AFFIRMED in part. SHARP and COWART, JJ., concur.…