Jaime L. Santiago, Jr. 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 JAIME LUIS SANTIAGO, JR., Appellant, v. Case No. 5D14-73 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed October 31, 2014 Appeal from the Circuit Court for Orange County, Greg Tynan, Judge. James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm on all issues, but remand for correction of two scrivener’s errors. As part of a negotiated plea agreement, Defendant entered a nolo contendere plea to possession of cocaine, a lesser-included offense of the charged crime of possession of cocaine with intent to sell or deliver. Unfortunately, the Judgment and the corrected Order of Disposition both erroneously recite that Defendant was adjudicated guilty of the charged offense. We must, therefore, remand for correction of these two scrivener’s errors to reflect the correct offense to which Defendant entered his plea. We affirm in all other respects. AFFIRMED; REMANDED with instructions. TORPY, C.J., SAWAYA and BERGER, JJ., concur. 2

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