715 So. 2d 1112 | Fla. Dist. Ct. App. | 1998
Scott Allen Moyer was convicted of causing serious bodily injury to another while driving under the influence, a third degree felony, and a violation of section 316.193(3)(a), (b), (p)2, Florida Statutes (1997).
We find no error in the conviction, but vacate the sentence and remand for resen-tencing. The state concedes that the split
We also note that the judgment reflects that Moyer was convicted of a second degree felony rather than a third degree felony. This error shall also be corrected upon remand.
CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED.