Opinion
No. 87-1950.
February 3, 1989.
Appeal from the Circuit Court for Lee County; Thomas S. Reese, Judge, R. Wallace Pack, Judge.
James Marion Moorman, Public Defender, and John T. Kilcrease Jr., Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces Jr., Asst. Atty. Gen., Tampa, for appellee.
Defendant, William Joseph Bush, raises two points in this appeal.
The first concerns the sufficiency of the evidence to support the defendant's conviction of manslaughter. We find the evidence on manslaughter sufficient, and we reject this point.
The second point raised is that the judgment erroneously refers to manslaughter as a first degree felony, whereas manslaughter is a second degree felony. We agree.
Remanded for correction of the judgment. Otherwise, affirmed.
SCHEB, A.C.J., and LEHAN and HALL, JJ., concur.