Florida District Courts of Appeal, 2017

McGee v. State

McGee v. State
Florida District Courts of Appeal · Decided July 28, 2017 · Eisnaugle, Sawaya, Wallis
224 So. 3d 302; 2017 WL 3197663; 2017 Fla. App. LEXIS 10778 (Southern Reporter, Third Series)

McGee v. State

Opinion of the Court

PER CURIAM.

Johnny Bernard McGee appeals his judgment and sentence for robbery with a firearm, improper exhibition of a firearm, possession of a firearm by a convicted felon, and false imprisonment. McGee’s primary contention upon appeal is that the trial court erred in handling a discovery violation caused by the late disclosure of a videotape depicting the robbery. We affirm on this issue without discussion.

However, McGee’s written judgment and sentence contain a scrivener’s error. In Count Four, they indicate that McGee was convicted of false imprisonment with a weapon, but the jury found McGee guilty of the lesser included offense of false imprisonment. The State concedes error. Accordingly, we remand for correction of this scrivener’s error.

AFFIRMED in part; REMANDED to correct scrivener’s error.

SAWAYA, WALLIS, and EISNAUGLE, JJ., concur.

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