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979 So. 2d 1146

Docket No. 4D07-2377.

Tijerina v. State

Roy TIJERINA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2008-04-16

Relies on St. Georges v. State

Decided 2008-04-16

¶1Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.

¶2Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4We affirm the defendant's conviction and sentence. However, we remand the case to the trial court to correct a scrivener's error. St. Georges v. State,948 So.2d 1008 (Fla. 4th DCA 2007). The first prior offense listed on the scoresheet is aggravated assault, which is listed as a violation of section 784.03, Florida Statutes. Section 784.03 is the battery statute. The actual section number for aggravated assault is 784.021. We therefore remand the case to the trial court for correction of the error.

¶5Affirmed, but remanded for correction of a scrivener's error.

¶6POLEN, GROSS and MAY, JJ., concur.

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