Opinion
No. 89-702.
October 5, 1989.
Appeal from the Circuit Court for Volusia County; Gayle Graziano, Judge.
James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for appellee.
Appellant, Curtis Johnson, appeals his conviction and sentence for unlawful sale or delivery of a controlled substance.
We find Johnson's appeal without merit, but remand to the trial court for the entry of a corrected judgment. Johnson was charged in count I of the information with unlawful sale or delivery of a controlled substance, section 893.13(1)(a)(1), which is a second degree felony. However, the written judgment stated that he was convicted of section " 893.13(1)(a)(1), F-3." The judgment should have read " 893.13(1)(a)(1), F-2." Accordingly, the judgment and sentence is affirmed but the case is remanded for correction of the scrivener's error in the written judgment.
AFFIRMED and REMANDED for entry of a corrected judgment.
DAUKSCH and COBB, JJ., concur.