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Ashcraft v. State

District Court of Appeal of Florida, Second District
Mar 8, 1985
464 So. 2d 697 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-811.

March 8, 1985.

Appeal from Circuit Court, Hillsborough County; J. Rogers Padgett, Judge.

James Marion Moorman, Public Defender, Bartow, and Douglas S. Connor, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


After reviewing the briefs and record on appeal, we find that appellant has failed to demonstrate reversible error and we therefore affirm. However, because of a clerical error in the court's written judgment, we remand for correction.

The parties agree that a jury found appellant guilty of unarmed burglary, a second-degree felony. However, the written judgment erroneously adjudicates appellant guilty of armed burglary, a first-degree felony. No sentence was imposed for this crime.

Consequently, we remand this cause to the trial court for correction of the clerical error. See Zigler v. State, 446 So.2d 266 (Fla. 2d DCA 1984). In all other respects, this cause is affirmed.

AFFIRMED AND REMANDED FOR CORRECTION OF JUDGMENT.

SCHOONOVER and LEHAN, JJ., concur.


Summaries of

Ashcraft v. State

District Court of Appeal of Florida, Second District
Mar 8, 1985
464 So. 2d 697 (Fla. Dist. Ct. App. 1985)
Case details for

Ashcraft v. State

Case Details

Full title:RONALD CRAIG ASHCRAFT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 8, 1985

Citations

464 So. 2d 697 (Fla. Dist. Ct. App. 1985)

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