JUNIOR JEUDY vs STATE OF FLORIDA

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JUNIOR JEUDY, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D16-1586 [May 10, 2017] Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey R. Levenson, Judge; L.T. Case No. 09-21389 CF10B. Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. Junior Jeudy appeals the trial court’s denial of his rule 3.850 motion. We accept the State’s concession on appellant’s first claim, and we remand for the trial court to correct appellant’s judgment to conform to the jury’s verdict that he was guilty of attempted carjacking and false imprisonment. The appellant need not be present for the correction. See Wiggins v. State, 992 So. 2d 363, 364 (Fla. 5th DCA 2008). We affirm the summary denial of claim two on the ground that appellant failed to demonstrate prejudice under Strickland v. Washington, 466 U.S. 668, 694 (1984). There was no defect in the information, no dispute as to the identity of the false imprisonment victim, and the evidence at trial established appellant’s guilt as alleged in the information. Affirmed; remanded for entry of a corrected judgment. WARNER, GERBER and CONNER, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing. 2

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