Mosco v. State

Full title: CHRISTIAN E. MOSCO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Aug 5, 1994

640 So. 2d 1219 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-248.

August 5, 1994.

Appeal from the Circuit Court for St. Johns County; Richard G. Weinberg, Judge.

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

No appearance for appellee.

W. SHARP, Judge.

We affirm Mosco's convictions and sentences for three counts of burglary of a conveyance¹ and one count (each) of aggravated battery,² possession of burglary tools,³ and grand theft.⁴ However, we note a scrivener's error in the final judgment which states that Count II, aggravated battery, is a first degree felony, when it is (in fact) a second degree felony. We remand for the sole purpose of correcting the scrivener's error. Mosco need not be present.

1 § 810.02(3), Fla. Stat. (1993).

2 § 784.045(1)(a), Fla. Stat. (1993).

3 § 810.06, Fla. Stat. (1993).

4 § 812.014(1) and (2)(c)1, Fla. Stat. (1993).

AFFIRM; REMAND to correct scrivener's error.

PETERSON and THOMPSON, JJ., concur.