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873 So. 2d 546

Jones v. State

District Court of Appeal of Florida · decided 2004-05-21

Relies on 859 So. 2d 495 - Rivera v. State · 855 So. 2d 1281 - Espindola v. State · Milks v. State

Decided 2004-05-21

NORTHCUTT, Judge.

¶1Christopher Jones appeals convictions for sexual battery and aggravated battery. We affirm the convictions without discussion but remand for correction of a scrivener’s error. As Jones argues, and the State concedes, the judgment reflects a conviction for sexual battery under section 794.011(3), Florida Statutes (2001), when Jones was actually convicted under section 794.011(4). On remand, the judgment must be corrected; Jones does not need to be present. We also affirm Jones’s designation as a sexual predator, see Milks v. State, 848 So.2d 1167 (Fla. 2d DCA), review granted, 859 So.2d 514 (Fla.2003); and we certify conflict with Espindola v. State, 855 So.2d 1281 (Fla. 3d DCA 2003).

¶2Affirmed; remanded; conflict certified.

STRINGER and DAVIS, JJ., concur.
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