DARYL ANTHENNY COLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2010-10-13
No. 2D09-1356
WHATLEY and KHOUZAM, JJ„ Concur.
45 So. 3d 932 Florida District Court of Appeal, Second District (2010) Positive Treatment
Cited by 1 case

Opinion of the Court
DAVIS, Judge.

DAVIS, Judge.

Daryl Anthenny Cole challenges his convictions and sentences for possession of cocaine with intent to sell or deliver, two counts of battery on a law enforcement officer, obstructing or opposing an officer with violence, possession of cannabis, and possession of drug paraphernalia. Finding no reversible error we affirm his convictions and sentences. We remand for the limited purpose of correcting a scrivener’s error which appears on the face of the written judgment. Although the record reflects that Cole was charged with six counts, the written judgment reflects counts seven and eight as “no information filed.” Such counts do not otherwise appear in the record and are erroneously included on the written judgment. Accordingly, we remand for the trial court to correct this error. See Newson v. State, 867 So.2d 603 (Fla. 2d DCA 2004).

Affirmed; remanded with instructions.

WHATLEY and KHOUZAM, JJ„ Concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Tims v. State, 204 So. 3d 536 (Fla. 1st DCA 2016)
    …llegal warrant may be charged, and if the evidence seized relates to the commission of that crime as opposed to the objects of the search warrant, suppression of such evidence should be denied.”). C. Finally, we have not overlooked Faith v. State, 45 So. 3d 932 (Fla. 1st DCA 2010), which Tims cited below. In Faith, an officer had arrested the defendant for giving a false name and birthdate—obstruction by disguise. Id. at 933. The officer then searched the defendant’s purse and found drugs. Id. And at some…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw