Florida District Courts of Appeal, 2017

Malone v. State

Malone v. State
Florida District Courts of Appeal · Decided July 26, 2017 · Emas, Rothenberg, Salter
225 So. 3d 335; 2017 WL 3161053; 2017 Fla. App. LEXIS 10652 (Southern Reporter, Third Series)

Malone v. State

Opinion of the Court

PER CURIAM.

The defendant, Timothy Malone, appeals his convictions for burglary of an unoccupied dwelling and petit theft. We affirm, but remand for correction of the judgment to reflect that the conviction for petit theft is a second-degree misdemeanor, not a second-degree felony. As counsel for the defendant candidly admits that the error was a scrivener’s error, not judicial error, which when corrected will not affect the defendant’s sentence (which was credit for time served), the judgment may be corrected without conducting a new sentencing hearing.

Affirmed, with instructions.

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