MICHAEL COONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant asserts that reversible errors were committed by the trial judge during the jury trial which resulted in a verdict finding the appellant guilty of third degree murder and conspiracy to possess cocaine. We find no merit in the appellant’s arguments and affirm the appellant’s convictions.
However, as the appellant points out and as the state concedes, the judgment of guilt entered against the appellant inaccurately states that the appellant entered a plea of nolo contendere rather than a plea of not guilty. Accordingly, we remand for correction of the judgment by the trial judge to reflect a plea of not guilty. It is not necessary that the appellant be present for this purpose. See Manuel v. State, 542 So. 2d 1368 (Fla. 2d DCA 1989).
DANAHY, A.C.J., and LEHAN and FRANK, JJ., concur.
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Citator
Cited By
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Will George Scott v. State, 553 So. 2d 371 (Fla. 2d DCA 1989)…” The supreme court subsequently held invalid this [*372] reason for departure. See Dewberry v. State, 546 So. 2d 409 (Fla.1989); Franklin v. State, 545 So. 2d 851 (Fla.1989); Lambert v.. State, 545 So. 2d 838 (Fla.1989). See also Williams v. State, 551 So. 2d 603 (Fla. 2d DCA 1989). Accordingly and consistent with the above decisions, we reverse Scott's sentence and remand for resentencing within the guidelines presumptive range, which includes the one-cell increase for violation of probation. LEHAN, A.C…
Authorities Cited
- Manuel v. State, 542 So. 2d 1368 (Fla. 2d DCA 1989)