Dawson v. State, 4D00-571.

• Decision Date: 31 January 2001
• Docket Number: No. 4D00-571.,4D00-571.
• Citation: 776 So.2d 1034
• Parties: Roger Ricardo DAWSON, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

776 So.2d 1034

Roger Ricardo DAWSON, Appellant, v. STATE of Florida, Appellee.

No. 4D00-571.

District Court of Appeal of Florida, Fourth District.

January 31, 2001.

Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

SHAHOOD, J.

We affirm appellant's judgment and sentence. See Singer v. State, 647 So.2d 1021 (Fla. 4th DCA 1994)

; see also Wilkerson v. State, 556 So.2d 453 (Fla. 1st DCA 1990). The second issue raised has been rendered moot by the trial court's entry of an Order Rescinding Probation.

We write only to address an issue which was not raised on appeal, but requires our attention. The judgment in this case incorrectly states that appellant entered a plea of nolo contendere in this case. The judgment and sentence in this case were entered pursuant to a jury verdict. We sua sponte remand to the trial court to enter a corrected judgment and sentence. Appellant need not be present for this purpose.

AFFIRMED; REMANDED TO ENTER CORRECTED JUDGMENT AND SENTENCE.

GUNTHER and STONE, JJ., concur.