McCutcheon v. State

District Court of Appeal of Florida

McCutcheon v. State

96 So. 3d 1091, 2012 WL 3822148, 2012 Fla. App. LEXIS 14847

Procedural entryThis page is a short order in McCutcheon v. State. Read the opinion of the Court — 44 So. 3d 156 →

District Court of Appeal of Florida·Decided September 5, 2012·No. No. 4D10-4506·Published

Opinion

PER CURIAM.

Appellant’s convictions are affirmed. State v. Adkins, 96 So.3d 412 (Fla.2012). The state concedes that a scrivener’s error occurred on appellant’s sentence in case number 09-10979CF10A when appellant was sentenced as a habitual offender on the grand theft count. For that reason, we remand with directions for the trial court to delete the habitual offender designation on appellant’s sentence for grand theft.

Affirmed, but remanded for correction of sentence.

GROSS, LEVINE, JJ., and ROSENBERG, ROBIN L„ Associate Judge, concur.

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PER CURIAM.

Appellant’s convictions are affirmed. State v. Adkins, 96 So.3d 412 (Fla.2012). The state concedes that a scrivener’s error occurred on appellant’s sentence in case number 09-10979CF10A when appellant was sentenced as a habitual offender on the grand theft count. For that reason, we remand with directions for the trial court to delete the habitual offender designation on appellant’s sentence for grand theft.

Affirmed, but remanded for correction of sentence.

GROSS, LEVINE, JJ., and ROSENBERG, ROBIN L„ Associate Judge, concur.

McCutcheon v. State, 96 So. 3d 1091, 2012 WL 3822148, 2012 Fla. App. LEXIS 14847 (Fla. Ct. App. 2012).

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Opinion

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