Opinion
No. 4D08-796.
November 25, 2009.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John J. Murphy, III, Judge; L.T. Case No. 06-008148 CF10A.
Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant.
Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.
Francisco Aviles appeals his conviction and sentence for felony driving under the influence with damage to the person or property of another. He makes several claims of error and we affirm all points raised except for the issue pertaining to the trial court's judgment which erroneously reflects convictions on two counts. The State concedes error.
Accordingly, this cause is remanded to the trial court for correction of the written sentencing documents to reflect an adjudication and sentence in one count only.
FARMER, HAZOURI and CIKLIN, JJ., concur.