Florida District Courts of Appeal, 2010

Cole v. State

Cole v. State
Florida District Courts of Appeal · Decided October 13, 2010 · Davis, Khouzam, Whatley
45 So. 3d 932; 2010 Fla. App. LEXIS 15573; 2010 WL 3984797 (Southern Reporter, Third Series)

Cole v. State

Opinion of the Court

DAVIS, Judge.

Daryl Anthenny Cole challenges his convictions and sentences for possession of cocaine with intent to sell or deliver, two counts of battery on a law enforcement officer, obstructing or opposing an officer with violence, possession of cannabis, and possession of drug paraphernalia. Finding no reversible error we affirm his convictions and sentences. 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 Cole was charged with six counts, the written judgment reflects counts seven and eight as “no information filed.” Such counts do not otherwise appear in the record and are erroneously included on the written judgment. Accordingly, we remand for the trial court to correct this error. See Newson v. State, 867 So.2d 603 (Fla. 2d DCA 2004).

Affirmed; remanded with instructions.

WHATLEY and KHOUZAM, JJ„ Concur.

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