5D05-1914 David Shuey v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-1914

Case Date: 03/05/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2007

DAVID ALAN SHUEY, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 9, 2007 Appeal from the Circuit Court for St. Johns County, J. Michael Traynor, Judge. Ryan Thomas Truskoski, of Ryan Thomas Truskoski, P.A., Orlando, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D05-1914

PLEUS, C.J. We have reviewed the points raised by the defendant and conclude that only one has merit. The judgment of conviction erroneously states that the defendant pled nolo contendere to the charges when he was actually convicted following a jury trial. We affirm the convictions and sentences but remand to the trial court for correction of this scrivener's error. See, e.g., Cook v. State , 32 Fla. L. Weekly D330 (Fla. 1st DCA Jan.

26, 2007). The defendant correctly concedes that his presence at such correction is unnecessary. AFFIRMED; REMANDED. SAWAYA and EVANDER, JJ., concur.

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