Kirker v. State

District Court of Appeal of Florida

Kirker v. State

166 So. 3d 899, 2015 Fla. App. LEXIS 8584, 2015 WL 3522212

District Court of Appeal of Florida·Decided June 5, 2015·No. 2D14-2221·Published

Opinion

PER CURIAM.

We affirm Justin Allan Kirker’s conviction and sentence for one count of felony battery; however, the written judgment contains a scrivener’s error indicating that Kirker entered a guilty plea when, in fact, he was convicted by a jury after trial. We therefore remand for entry of a corrected written judgment. Kirker need not be present when this correction is made.

Conviction and sentence affirmed; remanded for correction of the written judgment.

VILLANTI, C.J., and ALTENBERND and KELLY, JJ., Concur.

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PER CURIAM.

We affirm Justin Allan Kirker’s conviction and sentence for one count of felony battery; however, the written judgment contains a scrivener’s error indicating that Kirker entered a guilty plea when, in fact, he was convicted by a jury after trial. We therefore remand for entry of a corrected written judgment. Kirker need not be present when this correction is made.

Conviction and sentence affirmed; remanded for correction of the written judgment.

VILLANTI, C.J., and ALTENBERND and KELLY, JJ., Concur.

Kirker v. State, 166 So. 3d 899, 2015 Fla. App. LEXIS 8584, 2015 WL 3522212 (Fla. Ct. App. 2015).

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