Opinion
Case No. 95-03423.
Opinion filed February 26, 1997. Rehearing Denied April 22, 1997
Appeal from the Circuit Court for Hillsborough County; Bob Anderson Mitcham, Judge.
James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Joseph H. Lee and Jacques Darius, Assistant Attorneys General, Tampa, for Appellee.
Reynaldo Rodriguez appeals his judgments and sentences for attempted third-degree felony murder and shooting into an occupied vehicle. We affirm the judgments and sentences. We note that the decision inState v. Gray, 654 So.2d 552 (Fla. 1995), is inapplicable to this case.
The record on appeal, however, reflects a clerical error in regard to the second amended judgment in which the attempted third-degree murder with a firearm is denoted as a second-degree felony rather than a third-degree felony as previously instructed by this court. Rodriguez v. State, 650 So.2d 1111 (Fla. 2d DCA 1995). Thus, this matter is remanded with instructions to correct the clerical error in the second amended judgment to properly reflect the degree of this felony conviction.
DANAHY, A.C.J., and FULMER and WHATLEY, JJ., Concur.