4D11-2622-James Lundy v. State*CORRECTED 08-30-2012

State: Florida

Court: Florida Southern District Court

Docket No: 4D11-2622.op

Case Date: 08/29/2012

Plaintiff: 4D11-2622-James Lundy

Defendant: State*CORRECTED 08-30-2012

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2012

JAMES LUNDY,
Appellant,

v.

STATE OF FLORIDA,
Appellee.

No. 4D11-2622

[August 29, 2012]

CORRECTED OPINION

PER CURIAM.

The Appellant was convicted after jury trial of presenting a false or fraudulent insurance claim.  We affirm as we find no issue of arguable merit in this Anders1 appeal.  However, we remand for the trial court to correct the written judgment and order of community control.  The judgment does not conform to the oral pronouncement as it does not reflect that the Appellant was adjudicated guilty.  The order of community control erroneously reflects that the Defendant entered a no contest plea.
1 In re Anders Briefs, 581 So. 2d 149 (Fla. 1991).

Affirmed and remanded.

WARNER, HAZOURI and CIKLIN, JJ., concur.

*            *            *

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Gary L. Sweet, Judge; L.T. Case No. 562010CF001190A.

Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

No appearance for appellee.

Not final until disposition of timely filed motion for rehearing.

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