Lewis v. State

Full title: RICHARD ALLEN LEWIS, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: May 28, 1999

732 So. 2d 502 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-3053

Opinion filed May 28, 1999

Appeal from the Circuit Court for Volusia County, Shawn L. Briese, Judge.

James B. Gibson, Public Defender and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We find no reversible error but note a clerical error in the judgment wherein trafficking in cocaine, 400 grams or more, is listed as a third degree felony. Violation of section 893.135(1)(b)1, Florida Statutes (1997) is a first degree felony.

AFFIRMED AND REMANDED FOR CORRECTION OF A CLERICAL ERROR.

COBB, GOSHORN and PETERSON, JJ., concur.