Willie Waddy v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED WILLIE WADDY, Appellant, v. Case No. 5D12-4730 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed October 18, 2013 Appeal from the Circuit Court for Hernando County, Daniel B. Merritt, Sr., Judge. Willie Waddy, Clermont, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm, without comment, the trial court s order denying Willie Waddy s motions to withdraw his plea and correct sentencing error. We note, however, that it is clear from the record that the court sentenced Mr. Waddy to 8.5 years in prison. Nonetheless, the sentencing documents indicate 8.6 years. On remand, the trial court shall correct the sentencing documents and provide a copy to the Department of Corrections. Mr. Waddy need not be present for this correction. AFFIRMED and REMANDED. ORFINGER, BERGER and WALLIS, JJ., concur. 2

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