JAMES TUCKER, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2009-08-12
No. 4D08-3489
GROSS, C.J., DAMOORGIAN and GERBER, JJ., concur.
15 So. 3d 932 Florida District Court of Appeal, Fourth District (2009) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm appellant’s conviction of grand theft and his sentence as an habitual felony offender. We find no abuse of discretion in the trial court’s denial of a motion for continuance shortly before the commencement of trial. See Lawson v. State, 884 So.2d 540, 545-46 (Fla. 4th DCA 2004); McKay v. State, 504 So.2d 1280, 1282 (Fla. 1st DCA 1986). We remand to the circuit court to correct the scrivener’s error in the judgment of conviction, which indicates that appellant entered a plea of nolo contendere, rather than correctly showing that appellant was found guilty after a jury trial.

GROSS, C.J., DAMOORGIAN and GERBER, JJ., concur.

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  • Herrin v. State, 51 So. 3d 1207 (Fla. 1st DCA 2011)
    …has identified a mistake as argued-the order should read that Herrin was convicted of misdemeanor simple battery following a trial by jury. Accordingly, we REMAND the order of probation for appropriate correction of this error. See Tucker v. State, 15 So. 3d 932, 932 (Fla. 4th DCA 2009) (remanding the matter to the circuit court to “correct the scrivener’s error in the judgment of conviction, which indicates that appellant entered a plea of nolo con-tendere, rather than correctly showing that appellant was…
  • Villanueva v. State, 118 So. 3d 999 (Fla. 3d DCA 2013)
    …bation order that he entered a plea of guilty to the battery offense when, in fact, the record reveals that Villanueva was found guilty by a jury verdict. On remand, the trial court is directed to correct this scrivener’s error. See Tucker v. State, 15 So. 3d 932, 932 (Fla. 4th DCA 2009) (“We remand ... to correct the scrivener’s error in the judgment of conviction, which indicates that appellant entered a plea of nolo contendere, rather than correctly showing that appellant was found guilty after a jury tri…

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