NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED RIGOBERTO GARCIA v. STATE OF FLORIDA (2014)

District Court of Appeal of Florida, Fifth District.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED RIGOBERTO GARCIA, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D13–3613

Decided: October 17, 2014

Rigoberto Garcia, Bonifay, pro se. James S. Purdy, Public Defender, and Matthew Funderburk, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm this Anders ¹ appeal but remand to correct two scrivener's errors in the judgment. First, the judgment should reflect, consistent with the trial court's oral pronouncement, that Garcia was sentenced as a prison releasee reoffender only as to Count I. Second, the judgment incorrectly indicates that Garcia entered a no contest plea when, in fact, he was convicted after a jury trial.

AFFIRMED and REMANDED.

ORFINGER, EVANDER, and LAMBERT, JJ., concur.

FOOTNOTES

FN1. Anders v. California, 386 U.S. 738 (1967).. FN1. Anders v. California, 386 U.S. 738 (1967).

PER CURIAM.

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