Home/District Court of Appeal of Florida/Evans v. State

Evans v. State

138 So. 3d 1201, 2014 WL 2151967, 2014 Fla. App. LEXIS 7833
CourtDistrict Court of Appeal of Florida
DecidedMay 23, 2014
DocketNo. 2D12-5452
StatusPublished

This text of 138 So. 3d 1201 (Evans 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
Evans v. State, 138 So. 3d 1201, 2014 WL 2151967, 2014 Fla. App. LEXIS 7833 (Fla. Ct. App. 2014).

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.

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

Related

Willingham v. State
48 So. 3d 173 (District Court of Appeal of Florida, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
138 So. 3d 1201, 2014 WL 2151967, 2014 Fla. App. LEXIS 7833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-state-fladistctapp-2014.