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Prater v. State

District Court of Appeal of Florida, First District
Apr 7, 1994
634 So. 2d 320 (Fla. Dist. Ct. App. 1994)

Opinion

No. 92-3248.

April 7, 1994.

An Appeal from the Circuit Court for Clay County; L. Haldane Taylor, Judge.

Nancy A. Daniels, Public Defender, and Nada M. Carey, 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.


We affirm appellant's judgment and sentence. However, we remand for the trial court to correct a scrivener's error on the judgment form. Attempted sexual battery under sections 777.04(1) and 794.011(3) is not a first-degree felony as listed, but a felony of the second degree. § 777.04(4)(b), Fla. Stat. (1991).

BOOTH, ALLEN and WEBSTER, JJ., concur.


Summaries of

Prater v. State

District Court of Appeal of Florida, First District
Apr 7, 1994
634 So. 2d 320 (Fla. Dist. Ct. App. 1994)
Case details for

Prater v. State

Case Details

Full title:JERRY WAYNE PRATER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Apr 7, 1994

Citations

634 So. 2d 320 (Fla. Dist. Ct. App. 1994)