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Christian v. State

District Court of Appeal of Florida, Fifth District
Jun 17, 1981
400 So. 2d 141 (Fla. Dist. Ct. App. 1981)

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.


Summaries of

Christian v. State

District Court of Appeal of Florida, Fifth District
Jun 17, 1981
400 So. 2d 141 (Fla. Dist. Ct. App. 1981)
Case details for

Christian v. State

Case Details

Full title:WILLIE L. CHRISTIAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jun 17, 1981

Citations

400 So. 2d 141 (Fla. Dist. Ct. App. 1981)