COLE v. STATE (2006)

Appellant, Tony Cole, appeals his convictions for driving while license revoked (Count I) and driving without a valid driver's license (Count II).   We affirm his conviction and sentence on Count I. However, we reverse his conviction and sentence on Count II because a review of the record reveals that Cole never entered a plea to that count.

The record reveals that Cole entered a plea to Count I only.   However, the trial court adjudicated him guilty as to both Counts I and II. Although Cole did not object at the sentencing hearing to the adjudication and sentence imposed for Count II, we conclude that adjudicating Cole guilty on a count to which he did not enter a plea constitutes fundamental error.   See Johnson v. State, 710 So.2d 715, 716 (Fla. 1st DCA 1998) (holding that adjudication of guilt as to greater offense, when defendant entered a plea of no contest to a lesser included offense only, constituted fundamental error).

We therefore reverse Cole's conviction and sentence on Count II. His conviction and sentence on Count I is affirmed.

Affirmed in Part, Reversed in Part.

PER CURIAM.

GUNTHER, POLEN and MAY, JJ., concur.