Moss v. State

District Court of Appeal of Florida

Moss v. State

753 So. 2d 784, 2000 Fla. App. LEXIS 3726, 2000 WL 313494

District Court of Appeal of Florida·Decided March 29, 2000·No. No. 3D00-334·Published

Opinion

PER CURIAM.

We affirm the defendant’s sentence in all respects. However, the judgment incorrectly reflects that the defendant entered a plea of battery, as a lesser included offense of aggravated battery, in violation of Section 784.045, Florida Statutes (1999). We remand with directions to the trial [785]*785court to correct the judgment to reflect the defendant’s actual plea to felony battery as a lesser included offense of battery on a pregnant woman pursuant to Section 784.03(2), Florida Statutes (1999). See Dix v. State, 752 So.2d 103 (Fla. 2d DCA 2000); Torres v. State, 717 So.2d 622 (Fla. 4th DCA 1998).

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PER CURIAM.

We affirm the defendant’s sentence in all respects. However, the judgment incorrectly reflects that the defendant entered a plea of battery, as a lesser included offense of aggravated battery, in violation of Section 784.045, Florida Statutes (1999). We remand with directions to the trial [785]*785court to correct the judgment to reflect the defendant’s actual plea to felony battery as a lesser included offense of battery on a pregnant woman pursuant to Section 784.03(2), Florida Statutes (1999). See Dix v. State, 752 So.2d 103 (Fla. 2d DCA 2000); Torres v. State, 717 So.2d 622 (Fla. 4th DCA 1998).

Moss v. State, 753 So. 2d 784, 2000 Fla. App. LEXIS 3726, 2000 WL 313494 (Fla. Ct. App. 2000).

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Opinion

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