Kirker 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 JUSTIN ALLAN KIRKER, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D14-2221 Opinion filed June 5, 2015. Appeal from the Circuit Court for Hillsborough County; Samantha Ward, Judge. Howard L. Dimmig, II, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee. PER CURIAM. We affirm Justin Allan Kirker's conviction and sentence for one count of felony battery; however, the written judgment contains a scrivener's error indicating that Kirker entered a guilty plea when, in fact, he was convicted by a jury after trial. We therefore remand for entry of a corrected written judgment. Kirker need not be present when this correction is made. Conviction and sentence affirmed; remanded for correction of the written judgment. VILLANTI, C.J., and ALTENBERND and KELLY, JJ., Concur. -2-

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