Saintelus v. State

District Court of Appeal of Florida

Saintelus v. State

823 So. 2d 177, 2002 Fla. App. LEXIS 9632, 2002 WL 1466545

CourtDistrict Court of Appeal of Florida

DecidedJuly 10, 2002

DocketNo. 4D00-3048

StatusPublished

This text of 823 So. 2d 177 (Saintelus 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.

Bluebook

Saintelus v. State, 823 So. 2d 177, 2002 Fla. App. LEXIS 9632, 2002 WL 1466545 (Fla. Ct. App. 2002).

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Opinion

SHAHOOD, J.

We affirm appellant’s conviction and sentence on all issues raised except the final issue dealing with the written judgment. Appellee concedes, and we agree, that the written judgment in this case improperly states that appellant was convicted of burglary of a dwelling with a battery, a first degree felony, punishable by life. However, appellant was convicted of only burglary of a dwelling, a second degree felony. Since the judgment does not conform to the jury’s verdict, this should be corrected on appeal. See Lawson v. State, 470 So.2d 109 (Fla. 4th DCA 1985)(judgment must conform to jury’s verdict); see also McPhee v. State, 657 So.2d 70 (Fla. 3d DCA 1995)(remand to the trial court to conform the written judgment to the jury verdict).

We accordingly remand to the trial court to conform the written judgment to the jury verdict. Appellant need not be present to correct this error.

AFFIRMED; REMANDED TO THE TRIAL COURT TO CORRECT ERROR.

HAZOURI and MAY, JJ., concur.

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SHAHOOD, J.

We affirm appellant’s conviction and sentence on all issues raised except the final issue dealing with the written judgment. Appellee concedes, and we agree, that the written judgment in this case improperly states that appellant was convicted of burglary of a dwelling with a battery, a first degree felony, punishable by life. However, appellant was convicted of only burglary of a dwelling, a second degree felony. Since the judgment does not conform to the jury’s verdict, this should be corrected on appeal. See Lawson v. State, 470 So.2d 109 (Fla. 4th DCA 1985)(judgment must conform to jury’s verdict); see also McPhee v. State, 657 So.2d 70 (Fla. 3d DCA 1995)(remand to the trial court to conform the written judgment to the jury verdict).

We accordingly remand to the trial court to conform the written judgment to the jury verdict. Appellant need not be present to correct this error.

AFFIRMED; REMANDED TO THE TRIAL COURT TO CORRECT ERROR.

HAZOURI and MAY, JJ., concur.

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Bluebook (online)

823 So. 2d 177, 2002 Fla. App. LEXIS 9632, 2002 WL 1466545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saintelus-v-state-fladistctapp-2002.

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