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Corns v. State

District Court of Appeal of Florida, Second District
Jul 8, 2005
916 So. 2d 827 (Fla. Dist. Ct. App. 2005)

Opinion

No. 2D05-14.

July 8, 2005.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Manatee County; Peter A. Dubensky, Judge.


Kenneth Michael Corns appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rules of Criminal Procedure 3.800 and 3.850. We affirm the denial of Corns' claims without comment and write only to correct a scrivener's error on the face of the written judgment in circuit court case number 99-1565F. Corns pleaded no contest to burglary of a dwelling, a second-degree felony. See § 810.02, Fla. Stat. (Supp. 1996). The written judgment erroneously identifies burglary of a dwelling as a third-degree felony. Accordingly, we remand for the trial court to correct the written judgment to reflect that burglary of a dwelling is a second-degree felony.

Affirmed and remanded for correction.

CANADY and WALLACE, JJ., Concur.


Summaries of

Corns v. State

District Court of Appeal of Florida, Second District
Jul 8, 2005
916 So. 2d 827 (Fla. Dist. Ct. App. 2005)
Case details for

Corns v. State

Case Details

Full title:Kenneth Michael CORNS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jul 8, 2005

Citations

916 So. 2d 827 (Fla. Dist. Ct. App. 2005)