Wolfork v. State

District Court of Appeal of Florida

Wolfork v. State

147 So. 3d 627, 2014 Fla. App. LEXIS 14245, 2014 WL 4494310

District Court of Appeal of Florida·Decided September 12, 2014·No. 2D13-4413·Published

Opinion

LaROSE, Judge.

Ray A. Wolfork, Jr., appeals the denial of his motion for postconviction relief. See Fla. R. Crim. P. 3.850. We affirm without comment but remand for correction of a scrivener’s error in the judgment. The judgment lists a conviction for aggravated battery (firearm). See § 784.045(l)(a)(2), Fla. Stat. (2003). However, the plea and judgment were for aggravated battery (great bodily harm). See § 784.045(l)(a)(l). We remand for the trial court to amend Mr. Wolfork’s judgment accordingly. See Willingham v. State, 48 So.3d 173,173 (Fla. 2d DCA 2010).

KHOUZAM and MORRIS, JJ., Concur.

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LaROSE, Judge.

Ray A. Wolfork, Jr., appeals the denial of his motion for postconviction relief. See Fla. R. Crim. P. 3.850. We affirm without comment but remand for correction of a scrivener’s error in the judgment. The judgment lists a conviction for aggravated battery (firearm). See § 784.045(l)(a)(2), Fla. Stat. (2003). However, the plea and judgment were for aggravated battery (great bodily harm). See § 784.045(l)(a)(l). We remand for the trial court to amend Mr. Wolfork’s judgment accordingly. See Willingham v. State, 48 So.3d 173,173 (Fla. 2d DCA 2010).

KHOUZAM and MORRIS, JJ., Concur.

Wolfork v. State, 147 So. 3d 627, 2014 Fla. App. LEXIS 14245, 2014 WL 4494310 (Fla. Ct. App. 2014).

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Opinion

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