Opinion
No. 91-0067.
May 27, 1992. Rehearing Denied July 16, 1992.
Appeal from the Circuit Court for Palm Beach County; Walter N. Colbath, Jr., Judge.
Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Douglas J. Glaid, Asst. Atty. Gen., West Palm Beach, for appellee.
As the state concedes, the sole point meriting discussion concerns the trial court's incorrect designation of the crimes the defendant committed. The trial court classified the crime of shooting into an occupied vehicle as a first degree felony, when in fact it is a second degree felony. Section 790.19, Fla. Stat. (1991). It also misclassified the crime of aggravated assault as a second degree felony instead of a third degree felony. Section 784.021(2), Fla. Stat. (1991). We remand this judgment for correction of the foregoing errors contained in it.
AFFIRMED IN PART; REMANDED IN PART.
LETTS and GARRETT, JJ., and WALDEN, JAMES H., Senior Judge, concur.