Mosco v. State
This text of 640 So. 2d 1219 (Mosco 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
Christian E. MOSCO, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fifth District.
James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.
No appearance for appellee.
W. SHARP, Judge.
We affirm Mosco's convictions and sentences for three counts of burglary of a conveyance[1] and one count (each) of aggravated battery,[2] possession of burglary tools,[3] and grand theft.[4] However, we note a scrivener's error in the final judgment which states that Count II, aggravated battery, is a first degree felony, when it is (in fact) a second degree felony. We remand for the sole purpose of correcting the scrivener's error. Mosco need not be present.
AFFIRM; REMAND to correct scrivener's error.
PETERSON and THOMPSON, JJ., concur.
NOTES
[1] § 810.02(3), Fla. Stat. (1993).
[2] § 784.045(1)(a), Fla. Stat. (1993).
[3] § 810.06, Fla. Stat. (1993).
[4] § 812.014(1) and (2)(c)1, Fla. Stat. (1993).
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640 So. 2d 1219, 1994 WL 406603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mosco-v-state-fladistctapp-1994.