Florida District Courts of Appeal, 2012

McCutcheon v. State

McCutcheon v. State
Florida District Courts of Appeal · Decided September 5, 2012 · Gross, Levine, Robin, Rosenberg
96 So. 3d 1091; 2012 WL 3822148; 2012 Fla. App. LEXIS 14847 (Southern Reporter, Third Series)

McCutcheon v. State

Opinion of the Court

PER CURIAM.

Appellant’s convictions are affirmed. State v. Adkins, 96 So.3d 412 (Fla. 2012). The state concedes that a scrivener’s error occurred on appellant’s sentence in case number 09-10979CF10A when appellant was sentenced as a habitual offender on the grand theft count. For that reason, we remand with directions for the trial court to delete the habitual offender designation on appellant’s sentence for grand theft.

Affirmed, but remanded for correction of sentence.

GROSS, LEVINE, JJ., and ROSENBERG, ROBIN L„ Associate Judge, concur.

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