Opinion
No. 3D00-334.
Opinion filed March 29, 2000.
An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Monroe County, Ruth Becker, Judge, L.T. No. 99-054.
Robert E. Moss, in proper person.
Robert E. Butterworth, Attorney General, for appellee.
Before LEVY, GERSTEN, and SHEVIN, JJ.
We affirm the defendant's sentence in all respects. However, the judgment incorrectly reflects that the defendant entered a plea of battery, as a lesser included offense of aggravated battery, in violation of Section 784.045, Florida Statutes (1999). We remand with directions to the trial court to correct the judgment to reflect the defendant's actual plea to felony battery as a lesser included offense of battery on a pregnant woman pursuant to Section 784.03(2), Florida Statutes (1999).See Dix v. State, No. 2D99-4491 (Fla. 2d DCA March 1, 2000); Torres v. State, 717 So.2d 622 (Fla. 4th DCA 1998).