LAWRENCE G. TUTTLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1985-01-23
Nos. 84-408, 84-409
SCHEB, A.C.J., CAMPBELL, J., and MALONEY, DENNIS P„ Associate Judge, concur.
462 So. 2d 585 Florida District Court of Appeal, Second District (1985)


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the defendant’s convictions and sentences; however, we note two irregularities in the written judgments which must be corrected. The defendant was convicted of two counts of delivery of cocaine, which is a second-degree felony under section 893.13(l)(a)l, Florida Statutes (Supp.1982). See § 893.03(2)(a)4. Yet, the written judgment on the first count of delivery of cocaine, Circuit Court Case No. 83-5873, incorrectly adjudicated defendant guilty of a third-degree felony under section 893.13(l)(a)2. The written judgment on the other count of delivery of cocaine, Circuit Court Case No. 83-5874, incorrectly adjudicated defendant guilty under section 893.13(l)(a)2 instead of section 893.-13(l)(a)l. We remand these eases with directions that both written judgments should be corrected. See Sparkman v. State, 445 So. 2d 1115 (Fla. 2d DCA 1984); Jackson v. State, 445 So. 2d 407 (Fla. 2d DCA 1984).

SCHEB, A.C.J., CAMPBELL, J., and MALONEY, DENNIS P„ Associate Judge, concur.


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