Opinion
No. 97-1827.
Opinion filed May 6, 1998. JANUARY TERM 1998.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Marvin U. Mounts, Jr., Judge; L.T. Case No. 94-6260 CFA02.
Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for Appellee.
We affirm appellant's judgment and sentences in all respects and remand the judgment solely for correction of the scrivener's error as to Count IV, aggravated assault with a firearm, a third-degree felony. See Tharp v. State, 677 So.2d 1340, 1341 (Fla. 2d DCA 1996) (treating enhancement of aggravated assault from a third degree felony to a second degree felony on written judgment as scrivener's error where court imposed term of incarceration consistent with conviction for third-degree felony).
POLEN, STEVENSON and SHAHOOD, JJ., concur.