McPhee v. State
This text of 657 So. 2d 70 (McPhee 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
Kevin McPHEE, Appellant,
v.
The STATE of Florida, Appellee.
District Court of Appeal of Florida, Third District.
Bennett H. Brummer, Public Defender, and Andrew M. Teschner, Sp. Asst. Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Linda S. Katz, Asst. Atty. Gen., for appellee.
Before LEVY, GERSTEN, and GODERICH, JJ.
*71 PER CURIAM.
Appellant, Kevin McPhee, appeals his conviction and sentence of aggravated battery with a firearm. We affirm the conviction and sentence, but remand to the trial court to conform the written judgment to the jury verdict.
The written judgment states that the appellant was convicted of aggravated battery on a person sixty-five years of age or older with a firearm not causing serious bodily injury. Because the State failed to prove the age of the victim, the charge was reduced. As the State correctly concedes, in order to conform with the jury's verdict, the written judgment should be amended to indicate conviction of aggravated battery with a firearm not causing serious bodily injury. See Reber v. State, 611 So.2d 91 (Fla. 2d DCA 1992); Hinkle v. State, 480 So.2d 206 (Fla. 2d DCA 1985). Accordingly, the case is remanded. In all other respects, the decision below is affirmed.
Affirmed in part and remanded.
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657 So. 2d 70, 1995 WL 407636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcphee-v-state-fladistctapp-1995.