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777 So. 2d 1166

Bryant v. State

District Court of Appeal of Florida

Decided February 14, 2001

District Court of Appeal of Florida · decided 2001-02-14

Decided 2001-02-14

¶1On Rehearing Granted

COPE, J.

¶2On consideration of the motion for rehearing, we withdraw the opinion dated November 15, 2000, and substitute the following opinion.

¶3Ernest Bryant appeals an order denying postconviction relief. We affirm in part and reverse in part. Count two of the judgment incorrectly states that defendant-appellant Ernest Bryant entered a no contest plea to the charge of unlawful possession of a firearm or weapon by a violent career criminal. In reality, the defendant pled no contest to the reduced charge of possession of a firearm by a convicted felon. Count two of the judgment must be corrected accordingly. Defendant need not be present.

¶4Defendant contends that he is entitled to be resentenced. We disagree. The sentencing order accurately reflects the plea bargain. The trial court properly denied this claim, as well as the remainder of defendant’s claims.

¶5Affirmed in part, reversed in part, and remanded for correction of judgment.

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