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Issac v. State

District Court of Appeal of Florida, Fifth District
Nov 3, 1995
662 So. 2d 399 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-1212.

November 3, 1995.

Appeal from the Circuit Court for Seminole County; Leonard V. Wood, Judge.

James B. Gibson, Public Defender and S.C. Van Voorhees, Assistant Public Defender, Daytona Beach, for Appellant.

No Appearance for Appellee.


We find no reversible error in this Anders appeal. There is, however, a clerical error. At sentencing, all parties understood that Count 1, armed burglary of a dwelling with a firearm, was a first degree felony punishable by life. § 810.02, Fla. Stat. (1993). However, in the written judgment, Count 1 is mistakenly listed as a second degree felony. Because this was obviously a clerical error, we remand this case to the trial court for correction. It shall not be necessary for defendant to be present when this matter is corrected.

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

The convictions and sentences are otherwise affirmed.

REMAND for correction; otherwise AFFIRMED.

THOMPSON and ANTOON, JJ., concur.


Summaries of

Issac v. State

District Court of Appeal of Florida, Fifth District
Nov 3, 1995
662 So. 2d 399 (Fla. Dist. Ct. App. 1995)
Case details for

Issac v. State

Case Details

Full title:MICHAEL ISSAC, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 3, 1995

Citations

662 So. 2d 399 (Fla. Dist. Ct. App. 1995)

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Issac v. State

We affirmed, with the correction of a minor clerical error. Issac v. State, 662 So.2d 399 (Fla. 5th DCA…