Opinion
No. 80-1243.
June 17, 1981.
Appeal from Circuit Court, Brevard County; J. William Woodson, Judge.
James B. Gibson, Public Defender and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.
No appearance for appellee.
At trial, the jury returned a verdict finding appellant guilty on Count I, sexual battery with a deadly weapon in violation of section 794.011(3) and on Count IV, kidnapping in violation of section 787.01(1)(a). The judgment and sentence form for Count I (sexual battery) states that it includes "Counts II III" which is contrary to the verdict. The judgment and sentence form for kidnapping states that appellant was adjudged guilty of kidnapping in violation of section 794.011(5) which is the sexual battery provision. Therefore, we remand with directions to correct the judgment and sentences to conform to the jury's verdict.
As corrected, the judgments and sentences are AFFIRMED.
DAUKSCH, C.J., and COBB, J., concur.