JEFFERY DEMOND DAVIDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed Davidson's burglary conviction but corrected the felony classification from second degree to third degree under Florida Statutes § 810.02(3) and deleted an unauthorized work-release restriction from the sentencing order.
A burglary of a structure conviction must be classified as a third degree felony under § 810.02(3) unless the structure is occupied or is a dwelling, and sentencing conditions not pronounced at trial must be deleted.
[1] A sentencing condition imposed in a written order but not pronounced by the trial judge at sentencing must be deleted from the judgment.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceDavidson was charged with armed burglary of a dwelling. At trial, the judge instructed the jury only on burglary of a structure, and the jury returned…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sentencing Conditions cases and more on FLexlaw
PER CURIAM.
Appellant Davidson was charged with armed burglary of a dwelling. At trial, however, the judge instructed the jury only on burglary of a structure. The jury returned a verdict stating “the defendant is guilty of burglary.” At sentencing the judge utilized a scoresheet that listed burglary of a structure as a second degree felony. The judgment entered also reflects burglary of a structure as a second degree felony. Section 810.02(3), Florida Statutes, classifies burglary of a structure as a third degree felony, unless the structure is occupied or is a dwelling. Thus, the judgment must be corrected to reflect appellant’s burglary conviction as a third degree felony. Perry v. State, 362 So. 2d 460 (Fla. 1st DCA 1978). Resentenc-ing will not be required since the error does not change either the recommended or permitted guideline range.*
It also appears that the written sentencing order in this ease includes a provision prohibiting appellant from participating in work release. Such a condition was not pronounced by the trial judge at sentencing, and accordingly must be deleted. Rowland v. State, 548 So. 2d 812 (Fla. 1st DCA 1989).
Davidson has not shown abuse of discretion with regard to the trial judge’s ruling excluding certain testimony from his mother. AFFIRMED in part and REVERSED in part, with instructions.
ALLEN, KAHN and MICKLE, JJ., concur. *
Davidson’s primary offense at conviction was unarmed robbery.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rowland v. State, 548 So. 2d 812 (Fla. 1st DCA 1989)
- Anderson v. First State Bank OF Lantana, 362 So. 2d 460 (Fla. 4th DCA 1978)