Florida District Courts of Appeal, 1991

McConnellv. State

McConnellv. State
Florida District Courts of Appeal · Decided June 26, 1991 · Altenbernd, Frank, Scheb
581 So. 2d 251; 1991 Fla. App. LEXIS 6098; 1991 WL 115602 (Southern Reporter, Second Series)

McConnellv. State

Opinion of the Court

SCHEB, Acting Chief Judge.

Defendant, Jack McConnell, raises two points in this appeal. We find no merit to the first. The second point raised is that the judgment erroneously identifies his conviction for sexual battery under section 794.011(2), Florida Statutes (1989), as a life felony rather than the correct capital felony that it is. We agree.

Accordingly, we remand for correction of the judgment. Otherwise, we affirm.

FRANK and ALTENBERND, JJ., concur.

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