Florida District Courts of Appeal, 2000

Mills v. State

Mills v. State
Florida District Courts of Appeal · Decided May 31, 2000 · Altenbernd, Green, Threadgill
760 So. 2d 251; 2000 Fla. App. LEXIS 6533; 2000 WL 689639 (Southern Reporter, Second Series)

Mills v. State

Opinion of the Court

PER CURIAM.

Katharthur Mills appeals his conviction and sentence for burglary of a dwelling and petit theft committed on September 12, 1998. We affirm Mr. Mills’ judgment and sentence, except that we remand for the trial court to correct a scrivener’s error on the written judgment. The oral sentence imposed on Mills was a forty-year sentence with a thirty-year minimum mandatory as a violent career criminal. However, in the written judgment and sentence, the court mistakenly marked the sentence as a habitual violent felony offender sentence, instead of a violent career criminal sentence. This should be corrected upon remand.

Affirmed in part; remanded for proceedings consistent with this opinion.

THREADGILL, A.C.J., and ALTENBERND, and GREEN, JJ„ concur.

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