Opinion
No. 1D07-6296.
May 13, 2009.
An appeal from the Circuit Court for Duval County. Charles W. Arnold, Judge.
Nancy A. Daniels, Public Defender, Carl S. McGinnes, Assistant Public Defender, and Pamela D. Presnell, Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant.
Bill McCollum, Attorney General, and Giselle Denise Lylen, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.
We affirm but remand to the trial court for correction of the scrivener's error in the written judgment, which lists appellant's second-degree murder while using a firearm causing great bodily harm as a first-degree felony punishable by life rather than a first-degree felony. The state concedes error. It is not necessary for appellant to be present in court for the purpose of correcting the error.
AFFIRMED and REMANDED for further proceedings consistent with this opinion.
BARFIELD, WEBSTER, and PADOVANO, JJ., concur.