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.