Cramer v. State

District Court of Appeal of Florida

Cramer v. State

103 So. 3d 1039, 2012 Fla. App. LEXIS 22147, 2012 WL 6719476

CourtDistrict Court of Appeal of Florida

DecidedDecember 28, 2012

DocketNo. 5D10-4043

StatusPublished

This text of 103 So. 3d 1039 (Cramer 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

Cramer v. State, 103 So. 3d 1039, 2012 Fla. App. LEXIS 22147, 2012 WL 6719476 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

Mark Cramer appeals his judgment and sentences entered by the trial court after a jury found him guilty of three counts of sexual battery upon a minor under the age of twelve¹ and one count of lewd or lascivious act upon a child under the age of sixteen.² We affirm in all respects. However, as the State properly concedes, Cramer’s judgment incorrectly designates his lewd or lascivious conviction as a life felony rather than a second-degree felony. Accordingly, we remand so that the scrivener’s error contained in count four can be corrected to read that the statute violated was section 800.04(4), Florida Statutes (1995), and that the offense was a second-degree felony.

AFFIRMED and REMANDED.

GRIFFIN, SAWAYA and PALMER, JJ., concur.

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PER CURIAM.

Mark Cramer appeals his judgment and sentences entered by the trial court after a jury found him guilty of three counts of sexual battery upon a minor under the age of twelve¹ and one count of lewd or lascivious act upon a child under the age of sixteen.² We affirm in all respects. However, as the State properly concedes, Cramer’s judgment incorrectly designates his lewd or lascivious conviction as a life felony rather than a second-degree felony. Accordingly, we remand so that the scrivener’s error contained in count four can be corrected to read that the statute violated was section 800.04(4), Florida Statutes (1995), and that the offense was a second-degree felony.

AFFIRMED and REMANDED.

GRIFFIN, SAWAYA and PALMER, JJ., concur.

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Bluebook (online)

103 So. 3d 1039, 2012 Fla. App. LEXIS 22147, 2012 WL 6719476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cramer-v-state-fladistctapp-2012.