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Philyaw v. State

District Court of Appeal of Florida, Fifth District.
Feb 21, 2014
161 So. 3d 415 (Fla. Dist. Ct. App. 2014)

Opinion

No. 5D13–2812.

02-21-2014

Robert Eugene PHILYAW, II, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Matthew Funderburk, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.


James S. Purdy, Public Defender, and Matthew Funderburk, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.

Opinion

PER CURIAM.

Appellant was convicted of sexual battery on a person under twelve years of age in violation of section 794.011(2), Florida Statutes (count I), and two counts of sexual battery on a person older than twelve but less than eighteen years of age in violation of section 794.011(8)(b), Florida Statutes (counts II and III). We affirm those convictions without further discussion. We remand this case to the trial court to correct a scrivener's error in the judgment regarding count I, which incorrectly reflects that Appellant was convicted of violating section 794.011(8)(b) : the correct statute citation is section 794.011(2).

AFFIRMED and REMANDED with instructions.

SAWAYA, PALMER, and GRIFFIN, JJ., concur.


Summaries of

Philyaw v. State

District Court of Appeal of Florida, Fifth District.
Feb 21, 2014
161 So. 3d 415 (Fla. Dist. Ct. App. 2014)
Case details for

Philyaw v. State

Case Details

Full title:Robert Eugene PHILYAW, II, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Feb 21, 2014

Citations

161 So. 3d 415 (Fla. Dist. Ct. App. 2014)