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Evans v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Apr 7, 2017
215 So. 3d 195 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 2D15–5369

04-07-2017

Davy Rodriguez EVANS, DOC #T27342, Appellant, v. STATE of Florida, Appellee.

Howard L. Dimmig, II, Public Defender, and Ivy R. Ginsberg, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Peter Koclanes, Assistant Attorney General, Tampa, for Appellee.


Howard L. Dimmig, II, Public Defender, and Ivy R. Ginsberg, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Peter Koclanes, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Davy Rodriguez Evans appeals his judgment, sentence, and order of probation and community control entered after jury trial. We affirm Mr. Evans's conviction, sentences, and order of probation and community control without further comment. However, the written judgment indicates that Mr. Evans was adjudicated guilty on count four of the original charge of first-degree tampering with a witness involving a second-degree felony, see § 914.22(1)(e), (2)(c), Fla. Stat. (2014), which is inconsistent with the jury's finding of guilt, and the trial court's oral adjudication of guilt, on the lesser included offense of third-degree tampering with a witness involving a misdemeanor, see § 914.22(1)(e), (2)(a). Accordingly, we remand for the trial court to correct the apparent scrivener's error by entering an amended judgment adjudicating Mr. Evans guilty on count four of the lesser included third-degree witness-tampering offense.

Affirmed; remanded with directions.

CASANUEVA, MORRIS, and ROTHSTEIN–YOUAKIM, JJ., Concur.


Summaries of

Evans v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Apr 7, 2017
215 So. 3d 195 (Fla. Dist. Ct. App. 2017)
Case details for

Evans v. State

Case Details

Full title:DAVY RODRIGUEZ EVANS, DOC #T27342, Appellant, v. STATE OF FLORIDA…

Court:DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Apr 7, 2017

Citations

215 So. 3d 195 (Fla. Dist. Ct. App. 2017)