Florida District Courts of Appeal, 1993

Botelho v. State

Botelho v. State
Florida District Courts of Appeal · Decided December 22, 1993 · Danahy, Gallen, Schoonover, Thomas
629 So. 2d 961; 1993 Fla. App. LEXIS 13226; 1993 WL 533864 (Southern Reporter, Second Series)

Botelho v. State

Opinion of the Court

DANAHY, Acting Chief Judge.

We affirm the appellant’s judgments and sentences in all respects except we remand the judgment as to Count I for correction of a clerical error. The judgment reflects a conviction for conspiracy to commit a burglary, which is a third degree felony. §§ 777.-04(4)(c) and 810.02, Fla.Stat. (1991). However, the judgment classifies the crime as a second degree felony. The judgment should be corrected to show the offense in Count I to be a third degree felony. The appellant need not be present for this purpose.

Affirmed; remanded.

SCHOONOVER, J., and GALLEN, THOMAS M., Associate Judge, concur.

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