Opinion
No. 2D99-4806.
July 19, 2000. Rehearing Denied April 9, 2001.
Petition for Writ of Habeas Corpus.
Jack N. Sinyard, II, pro se.
Robert A. Butterworth, Attorney General and Patricia E. Davenport, Assistant Attorney General, Tampa for Respondent.
Jack N. Sinyard, II has filed a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel. We treat this as a petition filed pursuant to Florida Rule of Appellate Procedure 9.140(j). We have carefully considered the petition, the State's several responses, and Sinyard's reply. The State concedes that the judgment contains a scrivener's error which was not corrected on direct appeal. We accordingly grant the petition solely to the extent we direct the trial court to enter a corrected judgment that reflects Sinyard's sexual battery conviction under count one is a second-degree felony under section 794.011 (5), Florida Statutes (1997), not a life felony. In all other respects, the petition is denied.
Petition granted in part and denied in part.
CAMPBELL, A.C.J., and FULMER and DAVIS, JJ., Concur.