SMITH v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

George Welsey SMITH Jr., Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-2226

Decided: February 07, 2020

James S. Purdy, Public Defender, and Darnelle P. Lawshe, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

George Welsey Smith, Jr. appeals his conviction of aggravated battery causing great bodily harm, in violation of section 784.045(1)(a)1., Florida Statutes (2018). We affirm and write only to address a scrivener's error on the judgment. The judgment reflected a verdict of not guilty, despite the verdict form to the contrary, yet also provided that Smith was adjudicated guilty of the offense.¹ The judgment should be corrected on remand.

AFFIRMED; REMANDED for correction of scrivener's error.

FOOTNOTES

1. The form judgment has a series of boxes, none of which are labelled. From our experience, we know that the boxes reflect: the count of the information or indictment; the offense of which the defendant was convicted; the degree of the offense of which the defendant was convicted; the jury's verdict, or alternatively, the type of plea entered; and whether there was an adjudication of guilt or a withhold of adjudication.

PER CURIAM.

COHEN, WALLIS and LAMBERT, JJ., concur.

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