CASSANDRA SHEDIRICA GARVIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2011-08-05
No. 5D11-418
ORFINGER, C.J., PALMER and COHEN, JJ., concur.
83 So. 3d 754 Florida District Court of Appeal, Fifth District (2011) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Cassandra Garvin appeals the denial of her motion to withdraw plea. Originally charged with a felony, Garvin pled guilty and was sentenced on a misdemeanor battery charge. We affirm without discussion. See Williams v. State, 316 So.2d 267 (Fla.1975). In our review, however, we noted a scrivener’s error in the judgment. The trial court agreed to a withhold of adjudication; however, the judgment reflected an adjudication of guilt. Therefore, we remand for correction of that scrivener’s error.

AFFIRMED; REMANDED for correction of scrivener’s error.

ORFINGER, C.J., PALMER and COHEN, JJ., concur.


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  • Nigel Thomas, Jr. v. State, 174 So. 3d 599 (Fla. 5th DCA 2015)
    …es that Appellant entered a plea of nolo contendere. In actuality, Appellant was convicted following a jury trial. Therefore, we remand for correction of the scrivener’s error. See Harvey v. State, 146 So. 3d 66 (Fla. 5th DCA 2014); Garvin v. State, 83 So. 3d 754 (Fla. 5th DCA 2011); Lopez-Vasquez v. State, 966 So. 2d 996 (Fla. 5th DCA 2007). Appellant need not be present for this correction. See Sirota v. State, 977 So. 2d 700 (Fla. 4th DCA 2008). AFFIRMED and REMANDED. SAWAYA, BERGER, and WALLIS, JJ.,…

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