History
  • No items yet
midpage
Rogers v. State
565 So. 2d 920
Fla. Dist. Ct. App.
1990
Check Treatment
DANIEL, Chief Judge.

Earnest Rogers was convicted of aggravated battery and given a split sentence of 30 months incarceration followed by 5 years probation. He raises two points on appeal. We consider only the second point in which Rogers claims a scrivener’s error occurred in the probation order. The probation order states that Rogers entered a plea of guilty to aggravated battery when, in fact, the record reveals that Rogers pled not guilty and received a jury trial. Rogers asked that the record be set straight. We agree, but find it unnecessary to remand this matter for such a simple correction.

Accordingly, the probation order entered herein is corrected to the extent that such order will reflect that Rogers pled not guilty and, following a jury trial, was found guilty of aggravated battery. In all other respects the judgment and sentence are affirmed.

Judgment and sentence AFFIRMED as corrected.

W. SHARP and COWART, JJ., concur.

Case Details

Case Name: Rogers v. State
Court Name: District Court of Appeal of Florida
Date Published: Aug 30, 1990
Citation: 565 So. 2d 920
Docket Number: No. 89-2161
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.