Simmons v. State

District Court of Appeal of Florida

Simmons v. State

369 So. 2d 609, 1978 Fla. App. LEXIS 17277

CourtDistrict Court of Appeal of Florida

DecidedSeptember 27, 1978

DocketNo. HH-99

StatusPublished

Cited by2 cases

This text of 369 So. 2d 609 (Simmons 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

Simmons v. State, 369 So. 2d 609, 1978 Fla. App. LEXIS 17277 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

An information alleged that appellant committed a sexual battery and in the process thereof used or threatened to use a deadly weapon contrary to Section 794.-011(3), Florida Statutes, (1975) (Count I) and further alleged that appellant committed a robbery contrary to Section 812.-13(2)(a) (Count II). Appellant was found guilty by a jury of sexual battery through the use of a firearm and of petit larceny, a lesser included offense of Count II. Appellant was orally adjudicated guilty of these offenses and was sentenced to imprisonment of ninety-nine years as to Count I and to a consecutive term of sixty days as to Count II. The written judgment and sentence, however, reflects that appellant was adjudicated guilty of “sexual battery” (rather than sexual battery through the use of a deadly weapon as charged in the information) and was sentenced to a term of ninety-nine years, but makes no disposition concerning Count II.

Appellant’s convictions are affirmed. The judgment is reversed and remanded with directions to the trial court to correct the judgment so as to conform to the jury’s verdict and to the court’s oral pronouncement. Appellant need not be present for this purpose.

McCORD, C. J., and BOYER and MILLS, JJ., concur.

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PER CURIAM.

An information alleged that appellant committed a sexual battery and in the process thereof used or threatened to use a deadly weapon contrary to Section 794.-011(3), Florida Statutes, (1975) (Count I) and further alleged that appellant committed a robbery contrary to Section 812.-13(2)(a) (Count II). Appellant was found guilty by a jury of sexual battery through the use of a firearm and of petit larceny, a lesser included offense of Count II. Appellant was orally adjudicated guilty of these offenses and was sentenced to imprisonment of ninety-nine years as to Count I and to a consecutive term of sixty days as to Count II. The written judgment and sentence, however, reflects that appellant was adjudicated guilty of “sexual battery” (rather than sexual battery through the use of a deadly weapon as charged in the information) and was sentenced to a term of ninety-nine years, but makes no disposition concerning Count II.

Appellant’s convictions are affirmed. The judgment is reversed and remanded with directions to the trial court to correct the judgment so as to conform to the jury’s verdict and to the court’s oral pronouncement. Appellant need not be present for this purpose.

McCORD, C. J., and BOYER and MILLS, JJ., concur.

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369 So. 2d 609, 1978 Fla. App. LEXIS 17277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-state-fladistctapp-1978.

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