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913 So. 2d 1269

Scott v. State

District Court of Appeal of Florida

Decided November 16, 2005

District Court of Appeal of Florida · decided 2005-11-16

Relies on Gissendanner v. State · 885 So. 2d 967 - Prince v. State

Decided 2005-11-16

PER CURIAM.

¶1Affirmed. See Robinson v. State, 373 So.2d 898 (Fla.1979); Prince v. State, 885 So.2d 967, 968 (Fla. 4th D.CA 2004) (“Absent an express reservation of the right to appeal, a defendant may not appeal from a judgment entered pursuant to a nolo con-tendere plea.”).

¶2However, we remand the case to the trial court with directions for it to re-enter, nunc pro tunc, the judgment and mitigated sentences it entered on December 3, 2004, after the appellant’s filing of his notice of appeal had divested the trial, court of jurisdiction.

FARMER, SHAHOOD and GROSS, JJ., concur. ■
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