Tuttle v. State

District Court of Appeal of Florida

Tuttle v. State

462 So. 2d 585, 10 Fla. L. Weekly 256, 1985 Fla. App. LEXIS 12140

CourtDistrict Court of Appeal of Florida

DecidedJanuary 23, 1985

DocketNos. 84-408, 84-409

StatusPublished

This text of 462 So. 2d 585 (Tuttle 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

Tuttle v. State, 462 So. 2d 585, 10 Fla. L. Weekly 256, 1985 Fla. App. LEXIS 12140 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

We affirm the defendant’s convictions and sentences; however, we note two irregularities in the written judgments which must be corrected. The defendant was convicted of two counts of delivery of cocaine, which is a second-degree felony under section 893.13(l)(a)l, Florida Statutes (Supp.1982). See § 893.03(2)(a)4. Yet, the written judgment on the first count of delivery of cocaine, Circuit Court Case No. 83-5873, incorrectly adjudicated defendant guilty of a third-degree felony under section 893.13(l)(a)2. The written judgment on the other count of delivery of cocaine, Circuit Court Case No. 83-5874, incorrectly adjudicated defendant guilty under section 893.13(l)(a)2 instead of section 893.-13(l)(a)l. We remand these eases with directions that both written judgments should be corrected. See Sparkman v. State, 445 So.2d 1115 (Fla. 2d DCA 1984); Jackson v. State, 445 So.2d 407 (Fla. 2d DCA 1984).

SCHEB, A.C.J., CAMPBELL, J., and MALONEY, DENNIS P„ Associate Judge, concur.

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PER CURIAM.

We affirm the defendant’s convictions and sentences; however, we note two irregularities in the written judgments which must be corrected. The defendant was convicted of two counts of delivery of cocaine, which is a second-degree felony under section 893.13(l)(a)l, Florida Statutes (Supp.1982). See § 893.03(2)(a)4. Yet, the written judgment on the first count of delivery of cocaine, Circuit Court Case No. 83-5873, incorrectly adjudicated defendant guilty of a third-degree felony under section 893.13(l)(a)2. The written judgment on the other count of delivery of cocaine, Circuit Court Case No. 83-5874, incorrectly adjudicated defendant guilty under section 893.13(l)(a)2 instead of section 893.-13(l)(a)l. We remand these eases with directions that both written judgments should be corrected. See Sparkman v. State, 445 So.2d 1115 (Fla. 2d DCA 1984); Jackson v. State, 445 So.2d 407 (Fla. 2d DCA 1984).

SCHEB, A.C.J., CAMPBELL, J., and MALONEY, DENNIS P„ Associate Judge, concur.

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Bluebook (online)

462 So. 2d 585, 10 Fla. L. Weekly 256, 1985 Fla. App. LEXIS 12140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tuttle-v-state-fladistctapp-1985.

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