East v. State

District Court of Appeal of Florida

East v. State

126 So. 3d 1243, 2013 WL 6031619, 2013 Fla. App. LEXIS 18155

CourtDistrict Court of Appeal of Florida

DecidedNovember 15, 2013

DocketNo. 5D12-2759

StatusPublished

This text of 126 So. 3d 1243 (East 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

East v. State, 126 So. 3d 1243, 2013 WL 6031619, 2013 Fla. App. LEXIS 18155 (Fla. Ct. App. 2013).

Pincite

Opinion

GRIFFIN, J.

We find no error in either issue raised on appeal. The State properly has brought to our attention, however, that Appellant was erroneously adjudicated guilty of both burglary with a battery and a simple battery based on the same conduct. The court did not score or sentence Appellant on the battery; however, it erroneously appears on the judgment. We remand for the trial court to strike it from the judgment.

AFFIRMED; and REMANDED to correct judgment.

SAWAYA and BERGER, JJ., concur.

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GRIFFIN, J.

We find no error in either issue raised on appeal. The State properly has brought to our attention, however, that Appellant was erroneously adjudicated guilty of both burglary with a battery and a simple battery based on the same conduct. The court did not score or sentence Appellant on the battery; however, it erroneously appears on the judgment. We remand for the trial court to strike it from the judgment.

AFFIRMED; and REMANDED to correct judgment.

SAWAYA and BERGER, JJ., concur.

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Bluebook (online)

126 So. 3d 1243, 2013 WL 6031619, 2013 Fla. App. LEXIS 18155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/east-v-state-fladistctapp-2013.