Welch v. State

District Court of Appeal of Florida

Welch v. State

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

CourtDistrict Court of Appeal of Florida

DecidedJune 1, 2005

DocketNo. 3D04-2222

StatusPublished

Cited by1 cases

This text of 904 So. 2d 542 (Welch v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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.

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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.

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904 So. 2d 542, 2005 Fla. App. LEXIS 8137, 2005 WL 1278846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/welch-v-state-fladistctapp-2005.

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