Sinyard v. State

District Court of Appeal of Florida

Sinyard v. State

799 So. 2d 1067, 2000 Fla. App. LEXIS 8980, 2000 WL 987717

CourtDistrict Court of Appeal of Florida

DecidedJuly 19, 2000

DocketNo. 2D99-4806

StatusPublished

Cited by1 cases

This text of 799 So. 2d 1067 (Sinyard 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.

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Sinyard v. State, 799 So. 2d 1067, 2000 Fla. App. LEXIS 8980, 2000 WL 987717 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

Jack N. Sinyard, II has filed a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel. We treat this as a petition filed pursuant to Florida Rule of Appellate Procedure 9.140(j). We have carefully considered the petition, the State’s several responses, and Sinyard’s reply. The State concedes that the judgment contains a scrivener’s error which was not corrected on direct appeal. We accordingly grant the petition solely to the extent we direct the trial court to enter a corrected judgment that reflects Sin-yard’s sexual battery conviction under count one is a second-degree felony under section 794.011(5), Florida Statutes (1997), not a life felony. In all other respects, the petition is denied.

Petition granted in part and denied in part.

CAMPBELL, A.C.J., and FULMER and DAVIS, JJ., Concur.

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PER CURIAM.

Jack N. Sinyard, II has filed a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel. We treat this as a petition filed pursuant to Florida Rule of Appellate Procedure 9.140(j). We have carefully considered the petition, the State’s several responses, and Sinyard’s reply. The State concedes that the judgment contains a scrivener’s error which was not corrected on direct appeal. We accordingly grant the petition solely to the extent we direct the trial court to enter a corrected judgment that reflects Sin-yard’s sexual battery conviction under count one is a second-degree felony under section 794.011(5), Florida Statutes (1997), not a life felony. In all other respects, the petition is denied.

Petition granted in part and denied in part.

CAMPBELL, A.C.J., and FULMER and DAVIS, JJ., Concur.

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Bluebook (online)

799 So. 2d 1067, 2000 Fla. App. LEXIS 8980, 2000 WL 987717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sinyard-v-state-fladistctapp-2000.

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