Opinion
No. 2D06-602.
May 25, 2007.
Appeal from the Circuit Court for Hillsborough County; Nick Nazaretian, Judge.
James Marion Moorman, Public Defender, and Joseph N. D'Achille, Jr., Special Assistant Public Defender, Bartow, for Appellant.
Bill McCollum, Attorney General, Tallahassee, and Chandra Waite Dasrat, Assistant Attorney General, Tampa, for Appellee.
Dalia Figueroa appeals her convictions and sentences for kidnapping, armed burglary of a dwelling, two counts of robbery with a firearm, two counts of attempted robbery with a firearm, and aggravated battery with a firearm. We affirm but write to address a scrivener's error in the judgment.
Originally, Ms. Figueroa was charged with kidnapping, § 787.01(2), Fla. Stat. (2004), with reclassification for discharge of a firearm, § 775.087(2), Fla. Stat. (2004). At trial, however, it was undisputed that she never touched or discharged the firearm. Her sentence was not enhanced under section 775.087.
The trial court's twenty-five-year sentence for Count I was legal; kidnapping is a first-degree felony "punishable by imprisonment for a term of years not exceeding life." § 787.01(2), Fla. Stat. (2004). The judgment, however, incorrectly identifies the offense as a life felony. We remand to the trial court to correct the judgment to reflect that Count I was punishable by a term of years not exceeding life.
Affirmed and remanded with instructions.
ALTENBERND and WALLACE, JJ., Concur.