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Vaughn v. State

District Court of Appeal of Florida, Second District
Nov 28, 2001
801 So. 2d 970 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 2D00-4986

Opinion filed November 28, 2001.

Appeal from the Circuit Court for Pasco County; Wayne L. Cobb, Judge.

James Marion Moorman, Public Defender, and James C. Banks, Special Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee.


Ronnie Vaughn appeals his convictions and sentences for attempted capital sexual battery, capital sexual battery, and lewd and lascivious act. Of the four issues he raises, we find merit in one, for which we reverse and remand for correction of the judgment.

Vaughn correctly asserts that the judgment reflects a conviction for sexual battery in count one, when, in fact, the jury found him guilty of the lesser charge of attempted sexual battery in that count. This appears to be a scrivener's error on the judgment that does not affect the sentence imposed. Accordingly, we reverse and remand with directions to the trial court to correct the judgment to reflect a conviction for attempted sexual battery in count one.

We reject the other three issues raised on appeal because the alleged errors were not preserved for review.

Reversed and remanded.

ALTENBERND, A.C.J., and SILBERMAN, J., Concur.


Summaries of

Vaughn v. State

District Court of Appeal of Florida, Second District
Nov 28, 2001
801 So. 2d 970 (Fla. Dist. Ct. App. 2001)
Case details for

Vaughn v. State

Case Details

Full title:RONNIE ALLEN VAUGHN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Nov 28, 2001

Citations

801 So. 2d 970 (Fla. Dist. Ct. App. 2001)