THOMAS STARKES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a trial court's judgment must conform to the jury's verdict, and a clerical error in entering a conviction for a greater offense instead of a lesser-included offense found by the jury must be corrected.
The defendant was charged with sexual battery, aggravated assault, and kidnapping. The jury found him guilty of sexual battery and aggravated assault,…
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SCHEB, Acting Chief Judge.
The state charged Thomas Starkes with sexual battery, aggravated assault, and kidnapping. A jury returned verdicts of guilty as charged on the sexual battery and aggravated assault counts and found him guilty of false imprisonment, a lesser-included offense of kidnapping.
We have examined each point raised by Starkes and, with one exception, we find them to be without merit. The point which merits our attention is his contention that the trial court erred by adjudicating him guilty of kidnapping, notwithstanding the jury having found him guilty of the lesser-included offense of false imprisonment.
After the jury returned its verdicts, the trial judge announced that he was adjudicating defendant “pursuant to the [jjury verdict.” Through an obvious clerical error, the court entered a conviction for kidnapping instead of false imprisonment.
It is a well-established rule of law that the judgment of the trial court must conform to the jury’s verdict. Hicks v. State, 411 So. 2d 1025 (Fla. 2d DCA 1982).
Accordingly, we affirm the judgments and sentences for sexual battery and aggravated assault. We vacate the judgment and sentence for kidnapping and remand to the trial court with directions to enter a judgment for false imprisonment and impose a sentence as provided by law.
RYDER and SCHOONOVER, JJ., concur.
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Williams v. State, 511 So. 2d 1017 (Fla. 2d DCA 1987)…econd degree felony. Williams argues that the court erred in adjudicating and sentencing him for burglary of a dwelling. It is a well established rule of law that the judgment of the trial court must conform to the jury’s verdict. Starkes v. State, 438 So. 2d 1004 (Fla. 2d DCA 1983); Hicks v. State, 411 So. 2d 1025 (Fla. 2d DCA 1982). Moreover, in Bowen v. State, 491 So. 2d 331 (Fla. 4th DCA 1986), the court held that the trial court erred in adjudicating the defendant guilty of trespass of an occupied convey…
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Lopez v. State, 470 So. 2d 58 (Fla. 3d DCA 1985)…djudication of attempted first degree murder with a firearm cannot stand. The trial court’s judgment must conform to the jury’s verdict. Perkins v. Mayo, 92 So. 2d 641 (Fla.1957); Lewis v. State, 154 Fla. 825, 19 So. 2d 199 (1944); Starkes v. State, 438 So. 2d 1004 (Fla. 2d DCA 1983); Anderson v. State, 338 So. 2d 209 (Fla. 3d DCA 1976), cert. denied, 352 So. 2d 174 (Fla.1977). The judgment adjudicating Lopez guilty of attempted murder with a firearm does not reflect the verdict and must be set aside for entry…
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Authorities Cited
- Hicks v. State, 411 So. 2d 1025 (Fla. 2d DCA 1982)