Florida District Courts of Appeal, 2013

East v. State

East v. State
Florida District Courts of Appeal · Decided November 15, 2013 · Berger, Griffin, Sawaya
126 So. 3d 1243; 2013 WL 6031619; 2013 Fla. App. LEXIS 18155 (Southern Reporter, Third Series)

East v. State

Opinion of the Court

GRIFFIN, J.

We find no error in either issue raised on appeal. The State properly has brought to our attention, however, that Appellant was erroneously adjudicated guilty of both burglary with a battery and a simple battery based on the same conduct. The court did not score or sentence Appellant on the battery; however, it erroneously appears on the judgment. We remand for the trial court to strike it from the judgment.

AFFIRMED; and REMANDED to correct judgment.

SAWAYA and BERGER, JJ., concur.

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