Timothy MALONE, Appellant, v. The STATE of Florida, Appellee
Florida District Court of Appeal
· July 26, 2017 · Docket No. 3D16-1358
225 So. 3d 335
Syllabus
Timothy MALONE, Appellant, v. The STATE of Florida, Appellee. No. 3D16-1358 District Court of Appeal of Florida, Third District. Opinion filed July 26, 2017 Carlos J. Martinez, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Keri T. Joseph, Assistant Attorney General, for appellee. Before ROTHENBERG, C.J., and SALTER and EMAS, JJ.
Full Opinion (589 characters)
PER CURIAM. The defendant, Timothy Malone, appeals his convictions for burglary of an unoccupied dwelling and petit theft. We affirm, but remand for correction of the judgment to reflect that the conviction for petit theft is a second-degree misdemeanor, not a second-degree felony. As counsel for the defendant candidly admits that the error was a scrivener’s error, not judicial error, which when corrected will not affect the defendant’s sentence (which was credit for time served), the judgment may be corrected without conducting a new sentencing hearing. Affirmed, with instructions.
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