Florida District Courts of Appeal, 2001

Skellie v. State

Skellie v. State
Florida District Courts of Appeal · Decided October 19, 2001 · Cobb, Orfinger, Palmer
796 So. 2d 1290; 2001 Fla. App. LEXIS 14878; 2001 WL 1245092 (Southern Reporter, Second Series)

Skellie v. State

Opinion of the Court

PALMER, J.

George Skellie appeals his judgment and sentence which were imposed by the trial court following his entry of a plea of nolo contendere. Skellie’s sentence conforms to the terms of his plea bargain and is otherwise legal. Accordingly, the sentence is affirmed. However, a scrivener’s error appears in the judgment, which erroneously lists count I as burglary of a structure when it should have listed it as burglary of a dwelling. Although originally charging Skellie with committing a burglary of a structure, the State filed an amended information charging him with committing a burglary of a dwelling. Defense counsel agreed that Skellie was entering a plea to the charge of burglary of a dwelling as listed on the sentencing guidelines score sheet. Accordingly, we vacate the judgment and remand to the trial court to enter a corrected judgment reflecting count I as burglary of a dwelling.

AFFIRMED in part; VACATED and REMANDED in part.

COBB and ORFINGER, R.B., JJ., concur.

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