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126 So. 3d 1243

East v. State

District Court of Appeal of Florida

Decided November 15, 2013

District Court of Appeal of Florida · decided 2013-11-15

Decided 2013-11-15

GRIFFIN, J.

¶1We find no error in either issue raised on appeal. The State properly has brought to our attention, however, that Appellant was erroneously adjudicated guilty of both burglary with a battery and a simple battery based on the same conduct. The court did not score or sentence Appellant on the battery; however, it erroneously appears on the judgment. We remand for the trial court to strike it from the judgment.

¶2AFFIRMED; and REMANDED to correct judgment.

SAWAYA and BERGER, JJ., concur.
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