Florida District Courts of Appeal, 2004

Luke v. State

Luke v. State
Florida District Courts of Appeal · Decided March 10, 2004 · Altenbernd, Northcutt, Whatley
867 So. 2d 617; 2004 Fla. App. LEXIS 2867; 2004 WL 433786 (Southern Reporter, Second Series)

Luke v. State

Opinion of the Court

PER CURIAM.

Sherod Dion Luke appeals his judgment and sentence for conspiracy to commit robbery. We affirm the conviction but remand to correct a scrivener’s error in the judgment. The judgment erroneously lists Mr. Luke’s conviction as conspiracy to commit robbery with a firearm, a second-degree felony. The State concedes that the judgment should reflect the actual charge and conviction of conspiracy to commit robbery, a third-degree felony. See § 777.04, Fla. Stat. (2000).

Affirmed; remanded to correct scrivener’s error.

ALTENBERND, C.J., and WHATLEY and NORTHCUTT, JJ., Concur.

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