Florida District Courts of Appeal, 2000

Moss v. State

Moss v. State
Florida District Courts of Appeal · Decided March 29, 2000 · Gersten, Levy, Shevin
753 So. 2d 784; 2000 Fla. App. LEXIS 3726; 2000 WL 313494 (Southern Reporter, Second Series)

Moss v. State

Opinion of the Court

PER CURIAM.

We affirm the defendant’s sentence in all respects. However, the judgment incorrectly reflects that the defendant entered a plea of battery, as a lesser included offense of aggravated battery, in violation of Section 784.045, Florida Statutes (1999). We remand with directions to the trial *785court to correct the judgment to reflect the defendant’s actual plea to felony battery as a lesser included offense of battery on a pregnant woman pursuant to Section 784.03(2), Florida Statutes (1999). See Dix v. State, 752 So.2d 103 (Fla. 2d DCA 2000); Torres v. State, 717 So.2d 622 (Fla. 4th DCA 1998).

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