Public-domain · open source
OpenJurist

843 So. 2d 347

Nino v. State

District Court of Appeal of Florida · decided 2003-04-23

Cited by 1 later decisions — most recently July 2003

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2003-04-23

View the full empirical analysis of this case →

PER CURIAM.

¶1PETITION FOR WRIT OF HABEAS CORPUS

¶2In what we treat as a motion to correct judgment raised by way of a petition for writ of habeas corpus, Patricio Nino asserts that his judgment improperly reflects that he was convicted of a weapons violation in connection with his kidnaping conviction. The kidnaping conviction on the judgment makes reference to both the kid-naping statute, section 787.01, Fla. Stat. (1995), and the weapons and aggravated battery reclassification statute, section 775.087, Fla. Stat. (1995). The state properly concedes that Nino was neither charged with nor convicted of using a weapon or committing an aggravated battery during the kidnaping. For this reason, we remand with directions that the references to section 775.087 be deleted from the judgment. We otherwise find no illegality or impropriety to the judgment and deny the petition.

¶3Petition denied but remanded with directions.

/843/so2d/347 · .json · Public domain