Opinion
No. 93-02258.
June 14, 1995.
Appeal from the Circuit Court for Pasco County; Stanley R. Mills, Judge.
A.R. Mander, III of Greenfelder, Mander, Hanson, Murphy Dwyer, Dade City, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia E. Davenport, Asst. Atty. Gen., Tampa, for appellee.
Jerry Lee Ross appeals his judgments and sentences for armed burglary, grand theft, forgery, and fraudulent use of a credit card. We affirm the judgments and sentences, but remand for correction of a clerical error. The judgment for fraudulent use of a credit card reflects a conviction for a third-degree felony. The offense, however, was submitted to the jury as a misdemeanor. The state concedes this error. We therefore affirm, but remand for the judgment to be corrected to reflect a first-degree misdemeanor for fraudulent use of a credit card. The appellant need not be present.
Affirmed; remanded.
FRANK, C.J., and RYDER, J., concur.