Welch v. State

District Court of Appeal of Florida

Welch v. State

904 So. 2d 542, 2005 Fla. App. LEXIS 8137, 2005 WL 1278846

District Court of Appeal of Florida·Decided June 1, 2005·No. No. 3D04-2222·Published·Cited by 1 cases

Opinion

SHEPHERD, J.

The appellant, Tracy Welch, appeals that portion of her judgment of conviction that adjudicated her guilty of aggravated assault on the ground that the judgment does not accurately reflect the terms of her plea agreement as contained in the plea colloquy or the oral pronouncement of the trial court.

Based upon the state’s proper confession of error and our review of the record, we remand with directions that the trial court vacate the adjudication on the aggravated assault charge. The judgment as entered on the manslaughter charge and the sentence are not affected by this decision. The defendant need not be present.

Free access — add to your briefcase to read the full text and ask questions with AI

SHEPHERD, J.

The appellant, Tracy Welch, appeals that portion of her judgment of conviction that adjudicated her guilty of aggravated assault on the ground that the judgment does not accurately reflect the terms of her plea agreement as contained in the plea colloquy or the oral pronouncement of the trial court.

Based upon the state’s proper confession of error and our review of the record, we remand with directions that the trial court vacate the adjudication on the aggravated assault charge. The judgment as entered on the manslaughter charge and the sentence are not affected by this decision. The defendant need not be present.

Welch v. State, 904 So. 2d 542, 2005 Fla. App. LEXIS 8137, 2005 WL 1278846 (Fla. Ct. App. 2005).

Pincite

904 So. 2d 542 (Welch v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related