Ross v. State

656 So. 2d 568, 1995 Fla. App. LEXIS 6393, 1995 WL 353629

Opinion

THREADGILL, Judge.

Jerry Lee Ross appeals his judgments and sentences for armed burglary, grand theft, forgery, and fraudulent use of a credit card. We affirm the judgments and sentences, but remand for correction of a clerical error. The judgment for fraudulent use of a credit card reflects a conviction for a third-degree felony. The offense, however, was submitted to the jury as a misdemeanor. The state concedes this error. We therefore affirm, but remand for the judgment to be corrected to reflect a first-degree misdemeanor for fraudulent use of a credit card. The appellant need not be present.

Affirmed; remanded.

FRANK, C.J., and RYDER, J., concur.