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668 So. 2d 665

James v. State

District Court of Appeal of Florida

Decided February 21, 1996

District Court of Appeal of Florida · decided 1996-02-21

Decided 1996-02-21

¶1CONFESSION OF ERROR

PER CURIAM.

¶2Upon the State’s proper confession of error, this case is remanded to the trial court to correct the written judgment. As to Count I, the defendant was convicted of attempted robbery without a weapon, a third-degree felony. The written judgment, however, incorrectly indicates that attempted robbery without a weapon is a second-degree felony. Moreover, as to Count I, the written judgment also erroneously fails to list the attempt statute, Section 777.04(4)(e), Florida Statutes (1993). Accordingly, this cause is reversed and remanded for the entry of a corrected written judgment consistent with this opinion.

¶3Reversed and remanded with instructions.

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