JOE NATHAN WILLINGHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Joe Nathan Willingham challenges his convictions and sentences for aggravated battery with a firearm causing great bodily harm and shooting at, within, or into a vehicle. We affirm his convictions and sentences without further comment. 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 Willingham was convicted after a jury trial, the written judgment erroneously indicates that he entered a no contest plea. Accordingly, we remand for the trial court to correct this error. See Newson v. State, 867 So.2d 603 (Fla. 2d DCA 2004).
ALTENBERND and NORTHCUTT, JJ., Concur.
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Mann v. State, 62 So. 3d 1240 (Fla. 2d DCA 2011)…rivener’s error apparent on the face of the written judgment. While the record reflects that Mann was convicted of robbery with a weapon, the written judgment erroneously indicates he was convicted of robbery with a firearm. See Willingham v. State, 48 So. 3d 173, 173 (Fla. 2d DCA 2010); Carter v. State, 32 So. 3d 67, 67 (Fla. 2d DCA 2009). Judgment and sentence affirmed; remanded with instructions. DAVIS and KHOUZAM, JJ., Concur.…
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Carrion v. State (Fla. 2d DCA 2021)…(Fla. 2d DCA 2017) (remanding for trial court to correct scrivener's error in judgment that incorrectly reflected the defendant was convicted of the wrong offense without mention of whether a rule 3.800(b) motion was filed); Willingham v. State, 48 So. 3d 173, 173 (Fla. 2d DCA 2010) (remanding for trial court to 3 While Mr. Carrion argues that the scrivener's error is an error in the written judgment and, as such, does not constitute a "sentencing" error that can be corrected by way of a rule 3.800(b…
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Harrell v. State, 76 So. 3d 353 (Fla. 2d DCA 2011)…his conviction is not reflected in the written judgment. Accordingly, we remand for the trial court to enter a written judgment that correctly reflects Harrell’s convictions. See Mann v. State, 62 So. 3d 1240 (Fla. 2d DCA 2011); Willingham v. State, 48 So. 3d 173 (Fla. 2d DCA 2010). Affirmed; remanded with instructions. LaROSE and KHOUZAM, JJ., Concur.…
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- Newson v. State, 867 So. 2d 603 (Fla. 2d DCA 2004)
- Thompson v. State, 867 So. 2d 603 (Fla. 1st DCA 2004)