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138 So. 3d 1201

Evans v. State

District Court of Appeal of Florida · decided 2014-05-23

Cited by 7 later decisions — most recently February 2017

7 state decisions

Relies on Willingham v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2014-05-23

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MORRIS, Judge.

¶1Kyle Benton Evans appeals his convictions and sentences for armed kidnapping and home-invasion robbery with a weapon. We affirm without comment but remand for correction of a scrivener’s error in the judgment. The judgment lists a conviction for home-invasion robbery while armed with a deadly weapon. However, the jury found that the weapon possessed by Evans was not a deadly weapon, and the trial court orally adjudicated Evans guilty of “home[-]invasion robbery with a weapon.” Therefore, we remand for the trial court to amend Evans’ judgment to reflect a conviction for home-invasion robbery with a weapon. See Willingham v. State, 48 So.3d 173 (Fla. 2d DCA 2010).

¶2Affirmed; remanded.

SILBERMAN and CRENSHAW, JJ„ Concur.
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