WELCH V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2005 TRACY WELCH, ** Appellant, vs. ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D04-2222 ** ** LOWER TRIBUNAL NO. 00-19429 ** Opinion filed June 1, 2005. An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Bennett H. Brummer, Public Defender, and Blumberg, Assistant Public Defender, for appellant. Charles J. Crist, Attorney General, and Tejera, Assistant Attorney General, for appellee. Howard K. Valentina M. Before COPE and SHEPHERD, JJ., and SCHWARTZ, Senior Judge. 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 sentence are not affected by this decision. not be present. 2 charge and the The defendant need

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