Busch v. State

Full title: SHERRY LYNN BUSCH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Aug 23, 1996

678 So. 2d 495 (Fla. Dist. Ct. App. 1996)

Opinion

No. 96-190.

August 23, 1996.

Appeal from the Circuit Court for Volusia County; William C. Johnson, Jr., Judge.

James B. Gibson, Public Defender, and Lyle Hitchens, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Childs, Assistant Attorney General, Daytona Beach, for Appellee.

W. SHARP, Judge.

Busch appeals from the judgment which adjudicated her guilty of attempted armed robbery with a deadly weapon¹ and sentenced her to 51.5 months in state prison. We affirm in all regards, but remand for the sole purpose of correcting the judgment to show Busch pled guilty to a second degree felony (a Level 7 offense) rather than a first degree felony (a Level 8 offense).

1 §§ 812.13 (2)(a) and 777.04 (1), Fla. Stat. (1995).

AFFIRMED; REMANDED to correct clerical error in judgment.

COBB and THOMPSON, JJ., concur.