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228 So. 3d 681

Morgan v. State

District Court of Appeal of Florida

Decided October 13, 2017

District Court of Appeal of Florida · decided 2017-10-13

Cited by 2 later decisions — most recently March 2019

2 state decisions

Relies on 547 So. 2d 725 - Culbertson v. State · Jackson v. State · Riley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2017-10-13

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PER CURIAM.

¶1Don Earle Morgan appeals his convictions and sentences for one count of criminal mischief in violation of section 806.13(1)(b)(1), Florida Statutes (2014), and one count of burglary of a dwelling in violation of section 810.02(3)(a). The written judgment improperly identifies the criminal mischief as a first-degree misdemeanor, rather than a second-degree misdemeanor. Accordingly, we remand with instructions for the trial court to correct that scrivener’s error in the written judgment. See Jackson v. State, 192 So.3d 649 (Fla. 2d DCA 2016); Riley v. State, 622 So.2d 94 (Fla. 2d DCA 1993); Culbertson v. State, 547 So.2d 725 (Fla. 2d DCA 1989). We affirm Mr. Morgan’s convictions and sentences in all other respects.

¶2Affirmed; remanded with instruction to correct scrivener’s error.

LaROSE, C.J., and CRENSHAW and LUCAS, JJ., Concur.
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