Willingham v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JOE NATHAN WILLINGHAM, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D10-53 Opinion filed November 24, 2010. Appeal from the Circuit Court for Hendry County; Christine Greider, Judge. James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee. DAVIS, Judge. Joe Nathan Willingham challenges his convictions and sentences for aggravated battery with a firearm causing great bodily harm and shooting at, within, or into a vehicle. We affirm his convictions and sentences without further comment. We remand for the limited purpose of correcting a scrivener's error which appears on the face of the written judgment. Although the record reflects that Willingham was convicted after a jury trial, the written judgment erroneously indicates that he entered a no contest plea. Accordingly, we remand for the trial court to correct this error. See Newson v. State, 867 So. 2d 603 (Fla. 2d DCA 2004). ALTENBERND and NORTHCUTT, JJ., Concur. -2-

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