Florida District Courts of Appeal, 1996

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided November 1, 1996 · Griffin, Peterson, Sharp
681 So. 2d 1216; 1996 Fla. App. LEXIS 11419; 1996 WL 633273 (Southern Reporter, Second Series)

Johnson v. State

Opinion of the Court

PETERSON, Chief Judge.

This Anders appeal follows a resentencing pursuant to our remand in Johnson v. State, 664 So.2d 36 (Fla. 5th DCA 1995). The problem remaining is that a scrivener’s error exists in the trial court’s classification of Johnson as a “habitual violent felony offender” with respect to Counts Two and Three. It is clear from the supplemented record that the trial court sentenced Johnson as a “habitual felony offender,” not a “habitual violent felony offender.” We therefore strike the word “violent” from the classification in Counts Two and Three.

The judgment and sentences are affirmed except for the stricken word, “violent.”

W. SHARP and GRIFFIN, JJ., concur.

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