Luke v. State

District Court of Appeal of Florida

Luke v. State

867 So. 2d 617, 2004 Fla. App. LEXIS 2867, 2004 WL 433786

District Court of Appeal of Florida·Decided March 10, 2004·No. No. 2D02-2005·Published

Opinion

PER CURIAM.

Sherod Dion Luke appeals his judgment and sentence for conspiracy to commit robbery. We affirm the conviction but remand to correct a scrivener’s error in the judgment. The judgment erroneously lists Mr. Luke’s conviction as conspiracy to commit robbery with a firearm, a second-degree felony. The State concedes that the judgment should reflect the actual charge and conviction of conspiracy to commit robbery, a third-degree felony. See § 777.04, Fla. Stat. (2000).

Affirmed; remanded to correct scrivener’s error.

ALTENBERND, C.J., and WHATLEY and NORTHCUTT, JJ., Concur.

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PER CURIAM.

Sherod Dion Luke appeals his judgment and sentence for conspiracy to commit robbery. We affirm the conviction but remand to correct a scrivener’s error in the judgment. The judgment erroneously lists Mr. Luke’s conviction as conspiracy to commit robbery with a firearm, a second-degree felony. The State concedes that the judgment should reflect the actual charge and conviction of conspiracy to commit robbery, a third-degree felony. See § 777.04, Fla. Stat. (2000).

Affirmed; remanded to correct scrivener’s error.

ALTENBERND, C.J., and WHATLEY and NORTHCUTT, JJ., Concur.

Luke v. State, 867 So. 2d 617, 2004 Fla. App. LEXIS 2867, 2004 WL 433786 (Fla. Ct. App. 2004).

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