Mendez v. State
This text of 944 So. 2d 545 (Mendez 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
ON CONFESSION OF ERROR
Defendant appeals three issues stemming from a jury verdict adjudicating defendant guilty of one count of battery on a law enforcement officer, one count of resisting an officer with violence, and one count of first-degree criminal mischief. The trial court orally entered a directed verdict, reducing the first-degree criminal mischief charge to second-degree criminal mischief. This change was not reflected in the written judgment. As the State correctly concedes, the written judgment should be amended to reflect a conviction of second-degree criminal mischief. See McPhee v. State, 657 So.2d 70 (Fla. 3d DCA 1995). Accordingly, the case is remanded. In all other respects, the decision below is affirmed.
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Cite This Page — Counsel Stack
944 So. 2d 545, 2006 Fla. App. LEXIS 21584, 2006 WL 3780857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendez-v-state-fladistctapp-2006.