Florida District Courts of Appeal, 2000

Sinyard v. State

Sinyard v. State
Florida District Courts of Appeal · Decided July 19, 2000 · Campbell, Davis, Fulmer
799 So. 2d 1067; 2000 Fla. App. LEXIS 8980; 2000 WL 987717 (Southern Reporter, Second Series)
Sinyard v. State

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Opinion of the Court

PER CURIAM.

Jack N. Sinyard, II has filed a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel. We treat this as a petition filed pursuant to Florida Rule of Appellate Procedure 9.140(j). We have carefully considered the petition, the State’s several responses, and Sinyard’s reply. The State concedes that the judgment contains a scrivener’s error which was not corrected on direct appeal. We accordingly grant the petition solely to the extent we direct the trial court to enter a corrected judgment that reflects Sin-yard’s sexual battery conviction under count one is a second-degree felony under section 794.011(5), Florida Statutes (1997), not a life felony. In all other respects, the petition is denied.

Petition granted in part and denied in part.

CAMPBELL, A.C.J., and FULMER and DAVIS, JJ., Concur.

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