Tucker v. State
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2009 JAMES TUCKER, JR., Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-3489 [August 12, 2009] PER CURIAM. We affirm appellant s conviction of grand theft and his sentence as an habitual felony offender. We find no abuse of discretion in the trial court s denial of a motion for continuance shortly before the commencement of trial. See Lawson v. State, 884 So. 2d 540, 545-46 (Fla. 4th DCA 2004); McKay v. State, 504 So. 2d 1280, 1282 (Fla. 1st DCA 1986). We remand to the circuit court to correct the scrivener s error in the judgment of conviction, which indicates that appellant entered a plea of nolo contendere, rather than correctly showing that appellant was found guilty after a jury trial. GROSS, C.J., DAMOORGIAN and GERBER, JJ., concur. * * * Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Larry Schack, Judge; L.T. Case No. 562007CF004336A. Carey Haughwout, Public Defender, and Tom Wm. Odom, Assistant Public Defender, West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.
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