Tijerina v. State
This text of 979 So. 2d 1146 (Tijerina 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.
Opinion
Roy TIJERINA, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fourth District.
Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.
Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
We affirm the defendant's conviction and sentence. However, we remand the case to the trial court to correct a scrivener's error. St. Georges v. State, 948 So.2d 1008 (Fla. 4th DCA 2007). The first prior offense listed on the scoresheet is aggravated assault, which is listed as a violation of section 784.03, Florida Statutes. Section 784.03 is the battery statute. The actual section number for aggravated assault is 784.021. We therefore remand the case to the trial court for correction of the error.
Affirmed, but remanded for correction of a scrivener's error.
POLEN, GROSS and MAY, JJ., concur.
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979 So. 2d 1146, 2008 WL 1734229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tijerina-v-state-fladistctapp-2008.