Florida District Courts of Appeal, 1994

Whatley v. State

Florida District Courts of Appeal · Decided August 3, 1994 · No. 93-03557 · Fulmer, Patterson, Threadgill

640 So. 2d 1201; 1994 Fla. App. LEXIS 7670; 1994 WL 397597 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

McCloud v. State (Fla. Dist. Ct. App. 2016)
McAffee v. State (Fla. Dist. Ct. App. 2016)
Whatley v. State (Fla. Dist. Ct. App. 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

FULMER, Judge.

The defendant appeals from the sentences imposed after remand from this court for resentencing on his convictions for attempted *1202murder, aggravated battery and burglary with a battery or while armed. We affirm the trial court’s use of a category one sentencing guidelines scoresheet. See Hayles v. State, 608 So.2d 13 (Fla. 1992). However, the judgment designates the burglary offense as a life felony. The state concedes that this offense should be designated a first degree felony punishable by life. Therefore, we reverse and remand for correction of the scrivener’s error. See, e.g., Bell v. State, 635 So.2d 1080 (Fla. 2d DCA 1994). The presence of the defendant is not required. See Id.

THREADGILL, A.C.J., and PATTERSON, J., concur.

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