Florida District Courts of Appeal, 2003

Carrillo v. State

Florida District Courts of Appeal · Decided December 10, 2003 · Cope, Gersten, Ramirez

865 So. 2d 528; 2003 Fla. App. LEXIS 18734; 2003 WL 22900921 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

C.Y. v. State (Fla. Dist. Ct. App. 2019)
C.Y. v. State (Fla. Dist. Ct. App. 2019)
C.Y. v. State (Fla. Dist. Ct. App. 2019)
Steward v. Dept. of Children and Families (Fla. Dist. Ct. App. 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We affirm the trial court’s order denying the defendant’s motion to correct illegal sentence. However, we remand for the trial court to correct the final judgment as to the degree of crime for which the defendant was convicted. See Copcutt v. State, 477 So.2d 70 (Fla. 1st DCA 1985)(case remanded to correct degree of crime for which defendant was convicted). The final judgment classifies the burglary of an unoccupied dwelling as a second degree felony when it should be categorized as a third degree felony. See § 810.02(4)(a), Fla. Stat. (1995). This change does not affect the defendant’s current sentence as he was sentenced as a habitual offender.

Affirmed but remanded to the trial court for correction of the final judgment as directed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.