Cheatham v. State

District Court of Appeal of Florida

Cheatham v. State

758 So. 2d 1130, 2000 Fla. App. LEXIS 358, 2000 WL 35895

CourtDistrict Court of Appeal of Florida

DecidedJanuary 19, 2000

DocketNo. 3D99-1874

StatusPublished

This text of 758 So. 2d 1130 (Cheatham v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cheatham v. State, 758 So. 2d 1130, 2000 Fla. App. LEXIS 358, 2000 WL 35895 (Fla. Ct. App. 2000).

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Opinion

ON MOTION FOR REHEARING— GRANTED

PER CURIAM.

We withdraw our previously issued opinion in this case and substitute the following in its place.

Appellant’s third issue on appeal argues that his judgment of conviction and sentence erroneously characterizes the offense charged in Count 1 of the Information, to which appellant pled no contest, as Burglary of an Occupied Structure, when the Information charges Burglary of an Unoccupied Structure.¹ We agree and remand this case to the trial court with directions to correct this scrivener’s error in the judgment.

We affirm on all other claims.

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ON MOTION FOR REHEARING— GRANTED

PER CURIAM.

We withdraw our previously issued opinion in this case and substitute the following in its place.

Appellant’s third issue on appeal argues that his judgment of conviction and sentence erroneously characterizes the offense charged in Count 1 of the Information, to which appellant pled no contest, as Burglary of an Occupied Structure, when the Information charges Burglary of an Unoccupied Structure.¹ We agree and remand this case to the trial court with directions to correct this scrivener’s error in the judgment.

We affirm on all other claims.

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Bluebook (online)

758 So. 2d 1130, 2000 Fla. App. LEXIS 358, 2000 WL 35895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheatham-v-state-fladistctapp-2000.