Copcutt v. State

District Court of Appeal of Florida

Copcutt v. State

477 So. 2d 70, 10 Fla. L. Weekly 2428, 1985 Fla. App. LEXIS 16626

CourtDistrict Court of Appeal of Florida

DecidedOctober 30, 1985

DocketNo. BE-200

StatusPublished

Cited by3 cases

This text of 477 So. 2d 70 (Copcutt 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

Copcutt v. State, 477 So. 2d 70, 10 Fla. L. Weekly 2428, 1985 Fla. App. LEXIS 16626 (Fla. Ct. App. 1985).

Pincite

Opinion

WIGGINTON, Judge.

Appellant appeals a judgment and sentence entered after acceptance of his plea of nolo contendere to the charge of burglary of a structure in violation of section 810.02(3), Florida Statutes. Having considered the parties’ briefs and having reviewed the record on appeal, we affirm appellant’s conviction and sentence but remand to the trial court for correction of the final judgment as to the degree of the crime of which appellant was convicted. The final judgment classifies the crime as a second degree felony when, pursuant to the provisions of section 810.02(3), Florida Statutes, the burglary to which appellant pled is a felony of the third degree. We note that the sentencing guidelines scoresheet prepared for the purpose of sentencing appellant correctly reflects that the crime charged is a third degree felony and appellant was sentenced within the recommended range of the guidelines.

AFFIRMED but REMANDED to the trial court for correction of the final judgment as directed.

SHIVERS and WENTWORTH, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

WIGGINTON, Judge.

Appellant appeals a judgment and sentence entered after acceptance of his plea of nolo contendere to the charge of burglary of a structure in violation of section 810.02(3), Florida Statutes. Having considered the parties’ briefs and having reviewed the record on appeal, we affirm appellant’s conviction and sentence but remand to the trial court for correction of the final judgment as to the degree of the crime of which appellant was convicted. The final judgment classifies the crime as a second degree felony when, pursuant to the provisions of section 810.02(3), Florida Statutes, the burglary to which appellant pled is a felony of the third degree. We note that the sentencing guidelines scoresheet prepared for the purpose of sentencing appellant correctly reflects that the crime charged is a third degree felony and appellant was sentenced within the recommended range of the guidelines.

AFFIRMED but REMANDED to the trial court for correction of the final judgment as directed.

SHIVERS and WENTWORTH, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

477 So. 2d 70, 10 Fla. L. Weekly 2428, 1985 Fla. App. LEXIS 16626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/copcutt-v-state-fladistctapp-1985.

Opinion

Related

Cite This Page — Counsel Stack