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Clements v. State

District Court of Appeal of Florida, Second District
May 28, 1999
734 So. 2d 543 (Fla. Dist. Ct. App. 1999)

Opinion

No. 97-05266

Opinion filed May 28, 1999.

Appeal from the Circuit Court for Sarasota County; Harry Rapkin, Judge.

James Marion Moorman, Public Defender and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, Angela D. McCravy, Assistant Attorney General, Tampa, for Appellee.


Thomas Clements challenges his conviction and habitual offender sentence for sexual battery. We affirm the conviction and sentence in all respects, however remand the judgment to correct a scrivener's error. The jury found Clements guilty of sexual battery in violation of section 794.011(5), Florida Statutes (1997), a second-degree felony; however, the judgment reflects a conviction for sexual battery with great force likely to cause serious injury, a life felony. We note that Clements was properly sentenced. Nevertheless the scrivener's error would result in a higher guidelines score and more severe penalty if Clements is ever sentenced for subsequent offenses. The judgment should, therefore, be corrected on remand.

BLUE, A.C.J., and WHATLEY and STRINGER, JJ., Concur.


Summaries of

Clements v. State

District Court of Appeal of Florida, Second District
May 28, 1999
734 So. 2d 543 (Fla. Dist. Ct. App. 1999)
Case details for

Clements v. State

Case Details

Full title:THOMAS CLEMENTS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: May 28, 1999

Citations

734 So. 2d 543 (Fla. Dist. Ct. App. 1999)