ELLIOT RENO WHATLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1994-08-03
No. 93-03557
THREADGILL, A.C.J., and PATTERSON, J., concur.
640 So. 2d 1201 Florida District Court of Appeal, Second District (1994) Positive Treatment
Cited by 3 cases
Opinion of the Court
FULMER, Judge.

FULMER, Judge.

The defendant appeals from the sentences imposed after remand from this court for resentencing on his convictions for attempted murder, 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.

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  • Elliot Reno Whatley v. State, 679 So. 2d 1269 (Fla. 2d DCA 1996)
    …he enhancement. . In a second appeal, Whatley’s sentences were affirmed; however, the matter was remanded for the judgment to designate the burglary offense to be a first degree felony punishable by life rather than a life felony. Whatley v. State, 640 So. 2d 1201 (Fla. 2d DCA 1994). . See Bronson v. State, 654 So. 2d 584 (Fla. 2d DCA 1995); Watson v. State, 646 So. 2d 288 (Fla. 2d DCA 1994). See also Febles v. State, 654 So. 2d 615 (Fla. 3d DCA 1995) (conviction for burglary with an assault and conviction f…
  • McAFFEE v. State, 208 So. 3d 747 (Fla. 2d DCA 2016)
    …PER CURIAM. Affirmed. See § 775.084(4)(e), Fla. Stat. (1993); Duncan v. Moore, 754 So. 2d 708 (Fla.2000); Deason v. Fla. Dep’t of Corr., 705 So. 2d 1374 (Fla.1998); Hayles v. State, 608 So. 2d 13 (Fla.1992); Whatley v. State, 640 So. 2d 1201 (Fla. 2d DCA 1994); Lincoln v. Fla. Parole Comm’n, 643 So. 2d 668 (Fla. 1st DCA 1994); Orr v. State, 597 So. 2d 833 (Fla. 5th DCA 1992). KHOUZAM, SLEET, and LUCAS, JJ., Concur.…
  • McCLOUD v. State, 202 So. 3d 104 (Fla. 2d DCA 2016)
    …State, 60 So. 3d 1045 (Fla.2011); Betancourt v. State, 804 So. 2d 313 (Fla.2001); Allen v. State, 599 So. 2d 996 (Fla.1992); Copeland v. State, 118 So. 3d 842 (Fla. 2d DCA 2013); Mosely v. State, 688 So. 2d 999 (Fla. 2d DCA 1997); Whatley v. State, 640 So. 2d 1201 (Fla. 2d DCA 1994); Labadie v. State, 840 So. 2d 332 (Fla. 5th DCA 2003); Foss v. State, 834 So. 2d 404 (Fla. 5th DCA 2003); McMillan v. State, 832 So. 2d 946 (Fla. 5th DCA 2002); Hart v. State, 761 So. 2d 334 (Fla. 4th DCA 1998); Knickerbocker v. S…

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