Rigoberto Garcia v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED RIGOBERTO GARCIA, Appellant, v. Case No. 5D13-3613 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed October 17, 2014 Appeal from the Circuit Court for Volusia County, Margaret W. Hudson, Judge. Rigoberto Garcia, Bonifay, pro se. James S. Purdy, Public Defender, and Matthew Funderburk, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm this Anders1 appeal but remand to correct two scrivener s errors in the judgment. First, the judgment should reflect, consistent with the trial court s oral pronouncement, that Garcia was sentenced as a prison releasee reoffender only as to 1 Anders v. California, 386 U.S. 738 (1967). Count I. Second, the judgment incorrectly indicates that Garcia entered a no contest plea when, in fact, he was convicted after a jury trial. AFFIRMED and REMANDED. ORFINGER, EVANDER, and LAMBERT, JJ., concur. 2

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