midpage

Whatley v. StateWhatley v. State

District Court of Appeal of Florida
Aug 3, 1994
No. 93-03557
Versions:640 So. 2d 1201
1994 WL 397597
1994 Fla. App. LEXIS 7670
FULMER, Judge.

The defendant appeals from the sentences imposed after remand from this court for resentencing on his convictions for attempted *1202murder, aggravated battery and burglary with a battery or while armed. We affirm the trial court’s use of a category one sentencing guidelines scoresheet. See Hayles v. State, 608 So.2d 13 (Fla.1992). However, the judgment designates the burglary offense as a life felony. The state concedes that this offense should be designated a first degree felony punishable by life. Therefore, we reverse and remand for correction of the scrivener’s error. See, e.g., Bell v. State, 635 So.2d 1080 (Fla. 2d DCA 1994). The presence of the defendant is not required. See Id.

THREADGILL, A.C.J., and PATTERSON, J., concur.

Case Details

Case Name: Whatley v. State
Court Name: District Court of Appeal of Florida
Date Published: Aug 3, 1994
Citations: 640 So. 2d 1201; 1994 WL 397597; 1994 Fla. App. LEXIS 7670; No. 93-03557
Docket Number: No. 93-03557
Court Abbreviation: Fla. Dist. Ct. App.
Log In