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614 So. 2d 602

Smith v. State

District Court of Appeal of Florida

Decided February 18, 1993

District Court of Appeal of Florida · decided 1993-02-18

Cited by 2 later decisions — most recently January 2010

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1993-02-18

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JOANOS, Chief Judge.

¶1Appellant, Darren Dwayne Smith, appeals the written judgment and sentence document, contending that he was adjudicated guilty of robbery, a second-degree felony, rather than “robbery with threat to uses [sic] a weapon,” a first-degree felony punishable by life. The state agrees that the cause should be remanded for correction of the scrivener’s error on the judgment form. We remand for correction of the written judgment.

¶2The state concedes that the jury was instructed only on the offense of robbery, and that appellant was found guilty of robbery (without reference to a weapon). The guidelines scoresheet and the probation order list the convicted offense as robbery without a weapon. In view of the state’s concession of error, the cause is remanded with directions to correct the judgment to reflect the convicted offense as robbery, a second-degree felony, with omission of the reference to a weapon. Appellant need not be present for correction of this scrivener’s error.

¶3BOOTH and WOLF, JJ., concur.

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