ROBERT THEODORE LEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant appeals from a judgment of conviction entered by the Circuit Court for Brevard County, Florida.
As to the convictions in Count I Burglary, section 810.02(1), (3), Florida Statutes (1979), and Count II Theft of a Firearm, section 812.014(l)(a), (b), (2)(b)(3), Florida Statutes (1977), we find no error and affirm.
Defendant was acquitted of the charge specified in Count III.
Count IV charged defendant with aggravated battery under section 784.03(l)(a), (b) and 784.045(l)(b), Florida Statutes (1979). The jury found defendant guilty of the lesser included offense of battery, but the judgment showed a conviction for aggravated battery. The State concedes this to be error. The judgment reflects that no sentence was imposed for this offense. We reverse the conviction and remand for correction of the judgment to conform to the jury’s verdict.
Affirmed in part, reversed in part and remanded.
DAUKSCH, C. J., and ORFINGER and UPCHURCH, JJ., concur.
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Martin v. State, 525 So. 2d 901 (Fla. 5th DCA 1987)…equirements of that rule. See Jolly v. State, 392 So. 2d 54 (Fla. 5th DCA 1981). The motion failed to state whether an appeal or other post-conviction remedies had been undertaken, Evans v. State, 388 So. 2d 1366 (Fla. 5th DCA 1980); Saxon v. State, 384 So. 2d 35 (Fla. 5th DCA 1980), and it was not under oath. See Gorham v. State, 494 So. 2d 211 (Fla.1986); Scott v. State, 464 So. 2d 1171 (Fla.1985). However, as we see it, Martin’s unsworn motion, signed by her trial counsel, was properly filed pursuant to F…
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