McNally v. State

SHAHOOD, Judge.

We affirm appellant’s conviction for aggravated assault on a law enforcement officer, but remand with directions that ministerial errors in the orders of community control and probation be corrected. However, we write briefly to address appellant’s argument regarding the constitutionality of section 948.01(13)(a), Florida Statutes.

First, appellee concedes, and we agree, that this case must be remanded because the orders of community control and probation incorrectly reflect that appellant entered a plea to the offense, when in fact appellant was tried and convicted by a jury.…