Opinion
No. 92-3471.
May 9, 1994.
An Appeal from the Circuit Court for Columbia County; L. Arthur Lawrence, Jr., Judge.
J. Victor Africano, Live Oak, for appellant.
Robert A. Butterworth, Atty. Gen., and Sonya Roebuck Horbelt, Asst. Deputy Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellee.
The judgments and sentences are affirmed. We remand this case to the trial court, however, with instructions to correct the designations of appellant's convictions for sexual battery by use of force not likely to cause serious personal injury, to reflect that this offense is a second-degree felony and to correct the designation of appellant's conviction for attempted sexual battery, to reflect that this offense is a third-degree felony. Appellant need not be present at resentencing.
BOOTH, WEBSTER and BENTON, JJ., concur.