County Case No.: MM00-05076A-XX; MM99-02274A-LD; TT00-002077-LD; TT00-003210-LD; TT00-003211-LD
Appeal No.: DD-30
JOSEPH HEATH,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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OPINION OF THE COURT
This is an appeal from the county court of Polk County, Judge Mary Catherine Green presiding. The Appellant was charged with one count of harassing a witness in violation of Fla. Stat. §914.22, one count of trespass on property other than a structure or conveyance in violation of §10.09, two counts of trespass on property other than a structure or conveyance in violation of §10.011, driving while license is suspended, cancelled, or revoked in violation of §322.34(2)(b), and one count of leaving the scene of an accident with property damage in violation of §316.061. On March 5, 2001, Appellant entered a plea of nolo contendere to all charges and was sentenced to 120 days in county jail on all charges, to run concurrent, in addition to court costs and fines. On March 20, 2001, Appellant filed a timely notice of appeal. This court has jurisdiction. Fla. R. App. P. 9.030(c). The ruling of the county court is affirmed.
On June 11, 2001, Appellant filed a motion to correct sentencing error pursuant to Fla. R. Crim. P. 3.800(b)(2), which was granted in part when Appellant’s jail sentence was reduced to 60 days. However, the trial court used a memorandum of sentence to indicate its judgment, which Appellant argues is a violation of his due process rights. The Court disagrees and finds that the memorandum of sentence in this case is an adequate record of the sentence
It is therefore ORDERED that the ruling of the county court is AFFIRMED.
ORDERED June 2002
CHARLES B. CURRY, Chief Judge