Malone v. State
This text of 225 So. 3d 335 (Malone 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.
Opinion
The defendant, Timothy Malone, appeals his convictions for burglary of an unoccupied dwelling and petit theft. We affirm, but remand for correction of the judgment to reflect that the conviction for petit theft is a second-degree misdemeanor, not a second-degree felony. As counsel for the defendant candidly admits that the error was a scrivener’s error, not judicial error, which when corrected will not affect the defendant’s sentence (which was credit for time served), the judgment may be corrected without conducting a new sentencing hearing.
Affirmed, with instructions.
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Cite This Page — Counsel Stack
225 So. 3d 335, 2017 WL 3161053, 2017 Fla. App. LEXIS 10652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malone-v-state-fladistctapp-2017.