Evans v. State

138 So. 3d 1201, 2014 WL 2151967, 2014 Fla. App. LEXIS 7833

Opinion

MORRIS, Judge.

Kyle Benton Evans appeals his convictions and sentences for armed kidnapping and home-invasion robbery with a weapon. We affirm without comment but remand for correction of a scrivener’s error in the judgment. The judgment lists a conviction for home-invasion robbery while armed with a deadly weapon. However, the jury found that the weapon possessed by Evans was not a deadly weapon, and the trial court orally adjudicated Evans guilty of “home[-]invasion robbery with a weapon.” Therefore, we remand for the trial court to amend Evans’ judgment to reflect a conviction for home-invasion robbery with a weapon. See Willingham v. State, 48 So.3d 173 (Fla. 2d DCA 2010).

Affirmed; remanded.

SILBERMAN and CRENSHAW, JJ„ Concur.