Opinion
No. 86-2495.
June 17, 1988.
Appeal from the Circuit Court for Lee County; R. Wallace Pack, Judge.
James Marion Moorman, Public Defender, and John T. Kilcrease Jr., Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Kim W. Munch, Asst. Atty. Gen., Tampa, for appellee.
Alvin Smith appeals from his judgment for burglary of a structure. He contends that the judgment erroneously reflects that he was convicted of a second-degree felony. We agree.
The appellant was charged with burglary of a business, which is a third-degree felony. § 810.02(3), Fla. Stat. (1981). Accordingly, we remand this cause for correction of the appellant's judgment to reflect that the appellant was convicted of a third-degree felony.
Affirmed but remanded with directions consistent herewith.
SCHOONOVER, A.C.J., and LEHAN, J., concur.