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Carmona v. State4/5/2002
; Wiley, 647 F.2d at 649. Defense counsel's stipulation to serious bodily injury was not the "functional equivalent" of a guilty plea because the State was still required to prove impairment. The undisputed testimony proved that the victim suffered numerous serious injuries including a fractured pelvis and permanent brain damage; a finding of serious bodily injury was inevitable. Carmona's chance for an acquittal depended on whether he was unimpaired at the time of the accident and not whether the victim suffered serious bodily injury. Additionally, Carmona would not be able to prove that he was prejudiced by the stipulation.
We find no merit in Carmona's remaining claims.
Lastly, we correct the scrivener's error that appears in the judgment of guilt entered against Carmona which incorrectly indicates that he pled guilty instead of his actual plea of not guilty. See Caldwell v. State, 707 So. 2d 907 (Fla. 5th DCA 1998).
AFFIRMED.
SHARP, W. and GRIFFIN, JJ., concur.
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