Opinion
No. 2D99-2182.
May 31, 2000.
Appeal from the Circuit Court for Hillsborough County; J. Rogers Padgett and Cynthia A. Holloway, Judges.
James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law, Tampa for Appellee.
Katharthur Mills appeals his conviction and sentence for burglary of a dwelling and petit theft committed on September 12, 1998. We affirm Mr. Mills' judgement and sentence, except that we remand for the trial court to correct a scrivener's error on the written judgement. The oral sentence with a thirty-year minimum mandatory as a violent career criminal. However, in the written judgment and sentence, the court mistakenly marked the sentence as a habitual violent felony offender sentence, instead of a violent felony offender sentence, instead of a violent career criminal sentence. This should be corrected upon remand.
Affirmed in part; remanded for proceedings consistent with this opinion.
THREADGILL, A.C.J., and ALTENBERND, and GREEN, JJ., concur.