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865 So. 2d 528

Carrillo v. State

District Court of Appeal of Florida

Decided December 10, 2003

District Court of Appeal of Florida · decided 2003-12-10

Cited by 9 later decisions — most recently January 2019

8 state decisions

Relies on 477 So. 2d 70 - Sherertz v. Key West Oceanside Marina

Good law ✅— No negative treatment on recordhow we know

Decided 2003-12-10

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PER CURIAM.

¶1We affirm the trial court’s order denying the defendant’s motion to correct illegal sentence. However, we remand for the trial court to correct the final judgment as to the degree of crime for which the defendant was convicted. See Copcutt v. State, 477 So.2d 70 (Fla. 1st DCA 1985)(case remanded to correct degree of crime for which defendant was convicted). The final judgment classifies the burglary of an unoccupied dwelling as a second degree felony when it should be categorized as a third degree felony. See § 810.02(4)(a), Fla. Stat. (1995). This change does not affect the defendant’s current sentence as he was sentenced as a habitual offender.

¶2Affirmed but remanded to the trial court for correction of the final judgment as directed.

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