Opinion
No. 85-540.
January 29, 1986.
Appeal from the Circuit Court for Sarasota County; Thomas M. Gallen, Judge.
James Marion Moorman, Public Defender and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellant.
Jim Smith, Atty. Gen., Tallahassee and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.
We affirm the trial court's judgment and sentence, but remand with instructions to correct the scrivener's error of the final judgment that incorrectly shows the appellant was adjudicated guilty of attempted sexual battery, a first degree felony, when in fact, the appellant was adjudicated guilty of attempted sexual battery, a third degree felony.
RYDER, C.J., and GRIMES and SCHEB, JJ., concur.