Opinion
Case No. 5D01-257.
Opinion filed October 19, 2001.
Appeal from the Circuit Court for Brevard County Harry Stein, Senior Judge.
James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Alfred Washington, Jr., Assistant Attorney General, Daytona Beach, for Appellee.
George Skellie appeals his judgment and sentence which were imposed by the trial court following his entry of a plea of nolo contendere. Skellie's sentence conforms to the terms of his plea bargain and is otherwise legal. Accordingly, the sentence is affirmed. However, a scrivener's error appears in the judgment, which erroneously lists count I as burglary of a structure when it should have listed it as burglary of a dwelling. Although originally charging Skellie with committing a burglary of a structure, the State filed an amended information charging him with committing a burglary of a dwelling. Defense counsel agreed that Skellie was entering a plea to the charge of burglary of a dwelling as listed on the sentencing guidelines score sheet. Accordingly, we vacate the judgment and remand to the trial court to enter a corrected judgment reflecting count I as burglary of a dwelling.
AFFIRMED in part; VACATED and REMANDED in part.
COBB and ORFINGER, R.B., J.J., concur.