5D02-3953 Jay Ahrens v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-3953

Case Date: 12/15/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003

JAY R. AHRENS, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________________/ Opinion filed December 19, 2003 Appeal from the Circuit Court for Orange County, Frank Kaney, Senior Judge. James B. Gibson, Public Defender, and Meghan Ann Collins, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. MONACO, J. Jay Ahrens appeals from a judgment and sentence concerning his conviction after a jury trial of simple battery. Mr. Ahrens asserts, first, that the trial judge improperly interfered with jury selection. As there was no objection to the actions of the trial judge, and as Mr. Ahrens unconditionally accepted and tendered the jury, he has failed to preserve the error that he alleges. See, e.g., Joiner v. State , 618 So. 2d 174 (Fla. 1993); Barnette v. State , 768 So. 2d 1246 (Fla. 5th DCA 2000); Karp v. State, 698 So. 2d 577 (Fla. 3d DCA 1997). CASE NO. 5D02-3953

Mr. Ahrens accurately points out, however, that the judgment contains a scrivener's error in that it lists the battery for which he was convicted as a third degree felony, rather than a first degree misdemeanor. See

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