RONALD CRAIG ASHCRAFT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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OTT, Acting Chief Judge.
After reviewing the briefs and record on appeal, we find that appellant has failed to demonstrate reversible error and we therefore affirm. However, because of a clerical error in the court’s written judgment, we remand for correction.
The parties agree that a jury found appellant guilty of unarmed burglary, a second-degree felony. However, the written judgment erroneously adjudicates appellant guilty of armed burglary, a first-degree felony. No sentence was imposed for this crime.
Consequently, we remand this cause to the trial court for correction of the clerical error. See Zigler v. State, 446 So. 2d 266 (Fla. 2d DCA 1984). In all other respects, this cause is affirmed.
AFFIRMED AND REMANDED FOR CORRECTION OF JUDGMENT.
SCHOONOVER and LEHAN, JJ., concur.
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Miller v. State, 467 So. 2d 1084 (Fla. 2d DCA 1985)…nt’s conviction and sentence for burglary with assault and remand for correction of the judgment to conform to the jury verdict and for imposition of an appropriate sentence. Hicks v. State, 411 So. 2d 1025 (Fla. 2d DCA 1982); see Ashcraft v. State, 464 So. 2d 697 (Fla. 2d DCA 1985). Finally, appellant argues that he cannot be convicted of and sentenced for the first degree (felony) murder and for the sexual battery. He is correct. A defendant cannot be convicted or sentenced for the crime used as the underl…
Authorities Cited
- Zigler v. State, 446 So. 2d 266 (Fla. 2d DCA 1984)