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ROGERS v. STATE

No. 89-2161.

565 So.2d 920 (1990)

Earnest L. ROGERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 30, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.

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...

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