TO VAN PHAN, A/K/A VAN TO PHAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendant, To Van Phan, challenges his convictions for aggravated assault, two counts of aggravated battery and one count of battery. We find merit only in two challenges to his sentence. The defendant asserts that the order of probation incorrectly states that he entered a guilty plea. We remand for correction of the scrivener’s error to reflect that the defendant was tried and found guilty by a jury. The defendant need not be present. We also strike the cost of $2 imposed pursuant to section 943.25(13), Florida Statutes (1993), and the assessment of $15 payable to the Hillsborough County Court Improvement Fund. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc). In all other respects, the judgment and sentence is affirmed.
SCHOONOVER, A.C.J., and FULMER and WHATLEY, JJ., concur.
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State v. Mancino, 705 So. 2d 1379 (Fla. 1998)…een filed within the two-year limitation period of rule 3.850. Following its earlier precedent, the Second District Court of Appeal reversed, concluding that Mancino’s motion had been properly filed under rule 3.800(a). See, e.g., Butchek v. State, 686 So. 2d 21 (Fla. 2d DCA 1996); Word v. State, 682 So. 2d 642 (Fla. 2d DCA 1996); Brown v. State, 633 So. 2d 112 (Fla. 2d DCA 1994); accord Todd v. State, 659 So. 2d 1350 (Fla. 5th DCA 1996). The district court of appeal remanded with directions that the trial…
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Wickline v. State, 687 So. 2d 327 (Fla. 1st DCA 1997)…nimum mandatory sentence, is not cognizable in proceedings brought pursuant to rule 3.800(a). Nowlin v. State, 639 So. 2d 1050 (Fla. 1st DCA 1994). We acknowledge that the Second District Court of Appeal has held to the contrary in Butchek v. State, 686 So. 2d 21 (Fla. 2d DCA 1996). Pursuant to Article V, section 3(b)(3), of the Florida Constitution, we certify conflict with this decision. Appellant’s second point is without merit. AFFIRMED. MINER, ALLEN and MICKLE, JJ., concur.…
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- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)