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Click here for the full text of this decision FACTS:Carlos Alberto Martinez appeals the revocation of his post-conviction probation. Martinez signed a waiver and stipulation, in which he admitted “to having committed each and every element of the offense alleged in the . . . information . . . and [that] . . . the facts contained in the . . . information are true and correct. . . .” HOLDING:Affirmed. The caption of the information states that appellant was charged with “possession of a controlled substance, to-wit: cocaine with intent to deliver,” whereas the body of the information alleges only that appellant “did then and there intentionally and knowingly possess a controlled substance, to wit: Cocaine. . .” and does not allege the delivery element. Although this is a discrepancy in the charging instrument, such a defect, error, or irregularity of form or substance in an information must be objected to before trial commences, or it is waived and the right to object to such an error on appeal or in any other post-conviction proceeding is forfeited. After the state filed its motion to revoke appellant’s community supervision, he filed a motion to enter a nunc pro tunc judgment, alleging that the judgment and sentence reflected in the original judgment (possession with intent to deliver) did not accurately reflect the judgment rendered and pronounced by the court (possession only). The trial court entered a nunc pro tunc judgment acknowledging this error. Thus, appellant not only failed to bring the discrepancy in the information to the trial court’s attention in any manner, he affirmatively sought and obtained a nunc pro tunc judgment on a ground that is at odds with his position on appeal that the original judgment could not have convicted him for possession with intent to deliver in any event. The appellant’s waiver and stipulation form recites and thus stipulates that he was charged with the offense of possession with intent to deliver. In the context of this stipulation, his confession of guilt to each element of the offense alleged in the information is some evidence to support his conviction of possession with intent to deliver. Even if the original judgment convicted appellant of a greater offense than that with which he was charged, he cites no authority establishing that such an error renders the original conviction void, as contrasted from merely voidable and reversible if properly appealed. The appellant argues that the nunc pro tunc judgment could not retroactively impose the conditions of probation that were previously entered with the original judgment, leaving no such conditions for him to be found to have violated. This contention assumes that the original judgment was void, which appellant has failed to show. OPINION:Richard H. Edelman, J.; Edelman, Guzman and Murphy, JJ.

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