Opinion
Case No. 3D03-1287.
Opinion filed December 10, 2003.
An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, David C. Miller, Judge, Lower Tribunal Nos. 97-8321, 97-7218, 97-7217.
Israel Carrillo, proper person.
Charles J. Crist, Jr., Attorney General, and Jason Helfant, Assistant Attorney General, for appellee.
Before COPE, GERSTEN, and RAMIREZ, JJ.
We affirm the trial court's order denying the defendant's motion to correct illegal sentence. However, we remand for the trial court to correct the final judgment as to the degree of crime for which the defendant was convicted. See Copcutt v. State, 477 So.2d 70 (Fla. 1st DCA 1985) (case remanded to correct degree of crime for which defendant was convicted). The final judgment classifies the burglary of an unoccupied dwelling as a second degree felony when it should be categorized as a third degree felony. See § 810.02(4)(a), Fla. Stat. (1995). This change does not affect the defendant's current sentence as he was sentenced as a habitual offender.
Affirmed but remanded to the trial court for correction of the final judgment as directed.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.