Opinion
No. 92-00634.
December 16, 1992.
An Appeal from the Circuit Court for Bay County; Clinton Foster, Judge.
Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and James W. Rogers, Sr. Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellee.
This cause is before us on appeal from a judgment and sentence following revocation of probation.
In circuit court case 88-605, appellant entered a plea of nolo contendere to burglary of structure, a third-degree felony, and was sentenced to a term of imprisonment followed by probation. Following release from prison, appellant admitted to a violation of probation and was sentenced to a new term. However, the new judgment form was changed to indicate that appellant entered a plea of nolo contendere to burglary of an occupied structure, a second-degree felony. On remand, this apparent scrivener's error must be corrected to reflect a conviction of burglary of a structure, a third-degree felony.
Accordingly, we must remand the judgment form for correction of the scrivener's error, and in all other respects, we affirm.
BOOTH, BARFIELD and MINER, JJ., concur.