5D05-1915 David Shuey v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-1915

Case Date: 03/19/2007

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 23, 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. 5D05-1915

PLEUS, C.J. We have reviewed the points raised by the defendant and find no reversible error. However, for the sake of accuracy, we point out the following matter, sua sponte. 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 , 947 So. 2d 1207 (Fla. 1st DCA 2007). The defendant's presence at such correction is unnecessary. AFFIRMED; REMANDED. SAWAYA and EVANDER, JJ., concur.

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