Florida District Courts of Appeal, 2007

Figueroa v. State

Florida District Courts of Appeal · Decided May 25, 2007 · Altenbernd, Larose, Wallace

956 So. 2d 1248; 2007 Fla. App. LEXIS 8164; 2007 WL 1514875 (Southern Reporter, Second Series)

Opinion of the Court

LaROSE, Judge.

Dalia Figueroa appeals her convictions and sentences for kidnapping,1 armed burglary of a dwelling, two counts of robbery with a firearm, two counts of attempted robbery with a firearm, and aggravated battery with a firearm. We affirm but write to address a scrivener’s error in the judgment.

The trial court’s twenty-five-year sentence for Count I was legal; kidnapping is a first-degree felony “punishable by imprisonment for a term of years not exceeding life.” § 787.01(2), Fla. Stat. (2004). The judgment, however, incorrectly identifies the offense as a life felony. We remand to the trial court to correct the judgment to reflect that Count I was punishable by a term of years not exceeding life.

Affirmed and remanded with instructions.

ALTENBERND and WALLACE, JJ., Concur.

. Originally, Ms. Figueroa was charged with kidnapping, § 787.01(2), Fla. Stat. (2004), with reclassification for discharge of a firearm, § 775.087(2), Fla. Stat. (2004). At trial, however, it was undisputed that she never touched or discharged the firearm. Her sentence was not enhanced under section 775.087.

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