Issac v. State

District Court of Appeal of Florida

Issac v. State

662 So. 2d 399, 1995 Fla. App. LEXIS 11569, 1995 WL 642581

CourtDistrict Court of Appeal of Florida

DecidedNovember 3, 1995

DocketNo. 95-1212

StatusPublished

Cited by2 cases

This text of 662 So. 2d 399 (Issac 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.

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Issac v. State, 662 So. 2d 399, 1995 Fla. App. LEXIS 11569, 1995 WL 642581 (Fla. Ct. App. 1995).

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Opinion

GOSHORN, Judge.

We find no reversible error in this Anders appeal.¹ There is, however, a clerical error. At sentencing, all parties understood that Count 1, armed burglary of a dwelling with a firearm, was a first degree felony punishable by life. § 810.02, Fla.Stat. (1993). However, in the written judgment, Count 1 is mistakenly listed as a second degree felony. Because this was obviously a clerical error, we remand this case to the trial court for correc[400]*400tion. It shall not be necessary for defendant to be present when this matter is corrected.

The convictions and sentences are otherwise affirmed.

REMAND for correction; otherwise AFFIRMED.

THOMPSON and ANTOON, JJ., concur.

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GOSHORN, Judge.

We find no reversible error in this Anders appeal.¹ There is, however, a clerical error. At sentencing, all parties understood that Count 1, armed burglary of a dwelling with a firearm, was a first degree felony punishable by life. § 810.02, Fla.Stat. (1993). However, in the written judgment, Count 1 is mistakenly listed as a second degree felony. Because this was obviously a clerical error, we remand this case to the trial court for correc[400]*400tion. It shall not be necessary for defendant to be present when this matter is corrected.

The convictions and sentences are otherwise affirmed.

REMAND for correction; otherwise AFFIRMED.

THOMPSON and ANTOON, JJ., concur.

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662 So. 2d 399, 1995 Fla. App. LEXIS 11569, 1995 WL 642581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/issac-v-state-fladistctapp-1995.

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