Stephens v. State

Defendant brought a six ground motion for post conviction relief. We remand for correction as to grounds two and six, and affirm the order of the lower court as to all other grounds.

In ground two of his motion, the defendant alleged that the armed burglary charged in count nine of the information never occurred. The state concedes that the written judgment indicates that the court adjudicated the defendant for armed burglary when in fact the defendant was neither adjudicated nor sentenced on this count. Thus, although defendant need not be present, remand is appropriate for correction of this…