Hall v. State

Full title: Willie C. HALL, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Oct 7, 2005

912 So. 2d 362 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D04-2455.

October 7, 2005.

Appeal from the Circuit Court for Lake County, Lawrence J. Semento, Judge.

James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the conviction and sentence. Based on the State's confession of error, we remand this cause to the trial court to correct the scoresheet to reflect that the primary offense is a level 9 offense. This correction does not affect the sentence, however, and may be done without Appellant's presence. Mathis v. State, 704 So.2d 1114 (Fla. 5th DCA 1998).

AFFIRMED AND REMANDED.

THOMPSON, PALMER and TORPY, JJ., concur.