Wolfork 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 RAY A. WOLFORK, JR., ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________ ) Case No. 2D13-4413 Opinion filed September 12, 2014. Appeal from the Circuit Court for Hillsborough County; Michelle D. Sisco, Judge. Ray A. Wolfork, Jr., pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellee. LaROSE, Judge. Ray A. Wolfork, Jr., appeals the denial of his motion for postconviction relief. See Fla. R. Crim. P. 3.850. We affirm without comment but remand for correction of a scrivener's error in the judgment. The judgment lists a conviction for aggravated battery (firearm). See § 784.045(1)(a)(2), Fla. Stat. (2003). However, the plea and judgment were for aggravated battery (great bodily harm). See § 784.045(1)(a)(1). We remand for the trial court to amend Mr. Wolfork's judgment accordingly. See Willingham v. State, 48 So. 3d 173, 173 (Fla. 2d DCA 2010). KHOUZAM and MORRIS, JJ., Concur. -2-

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