5D11-418 Cassandra Garvin v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D11-418

Case Date: 08/01/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2011

CASSANDRA SHEDIRICA GARVIN, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 5, 2011 Appeal from the Circuit Court for Volusia County, Frank Marriott, Judge. James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee. 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 Case No. 5D11-418

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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