Clements v. State

¶1Thomas Clements challenges his conviction and habitual offender sentence for sexual battery. We affirm the conviction and sentence in all respects, however remand the judgment to correct a scrivener’s error. The jury found Clements guilty of sexual battery in violation of section 794.011(5), Florida Statutes (1997), a second-degree felony; however, the judgment reflects a conviction for sexual battery with great force likely to cause serious injury, a life felony.1 We note that Clements was properly sentenced. Nevertheless the scrivener’s error would result in a higher guidelines score and more severe penalty if Clements is ever sentenced for subsequent offenses. The judgment should, therefore, be corrected on remand.