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Hetrick v. State

District Court of Appeal of Florida, Fourth District
Mar 8, 1989
539 So. 2d 31 (Fla. Dist. Ct. App. 1989)

Summary

remanding for "correction of the offense statute number contained on the judgment to show the actual crime for which appellant was convicted and sentenced"

Summary of this case from Bowman v. State

Opinion

No. 88-0463.

March 8, 1989.

Appeal from the Circuit Court for Broward County; Mark A. Speiser, Judge.

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John W. Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.


AFFIRMED; however, we remand for correction of the offense statute number contained on the judgment to show the actual crime for which the appellant was convicted and sentenced.

As to appellant's point II, we note State v. McGriff, 537 So.2d 107 (Fla. 1989). Section 921.001(5), Florida Statutes (1987) is controlling as it was enacted prior to the date of the within crime.

GLICKSTEIN, WALDEN and GARRETT, JJ., concur.


Summaries of

Hetrick v. State

District Court of Appeal of Florida, Fourth District
Mar 8, 1989
539 So. 2d 31 (Fla. Dist. Ct. App. 1989)

remanding for "correction of the offense statute number contained on the judgment to show the actual crime for which appellant was convicted and sentenced"

Summary of this case from Bowman v. State
Case details for

Hetrick v. State

Case Details

Full title:KIM HETRICK, A/K/A KEVIN JOHNSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 8, 1989

Citations

539 So. 2d 31 (Fla. Dist. Ct. App. 1989)

Citing Cases

Bowman v. State

Where, as here, there are scrivener's errors in the judgment, the proper remedy is to affirm the judgment,…