Alvarez v. State

774 So. 2d 802, 2000 Fla. App. LEXIS 16623, 2000 WL 1853526

Opinions

PER CURIAM.

Appellant, Osmel Alvarez (“defendant”), appeals his sentences and convictions for armed sexual battery, aggravated battery, kidnapping with a firearm, and impersonating a police officer while committing a felony. We affirm the judgments and convictions.

However, as correctly conceded by the State, the trial court erred in improperly designating the defendant’s conviction for impersonating a police officer during the commission of a felony, as a life felony. This crime is designated as a second degree felony, pursuant to Section 843.08, Florida Statutes (2000). Therefore, we remand this cause for the limited purpose of correcting the scriveners error in the written judgment.

Affirmed; remanded with instructions.

GERSTEN and GREEN, JJ., Concur.