KEVIN MCPHEE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1995-07-12
No. 94-2976
Before LEVY, GERSTEN, and GODERICH, JJ.
657 So. 2d 70 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 2 cases
Topics
Aggravated Battery With A Firearm Firearm Aggravated Battery

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Opinion of the Court
PER CURIAM.

[*71] PER CURIAM.

Appellant, Kevin MePhee, appeals his conviction and sentence of aggravated battery with a firearm. We affirm the conviction and sentence, but remand to the trial court to conform the -written judgment to the jury verdict.

The written judgment states that the appellant was convicted of aggravated battery on a person sixty-five years of age or older with a firearm not causing serious bodily injury. Because the State failed to prove the age of the victim, the charge was reduced. As the State correctly concedes, in order to conform with the jury’s verdict, the written judgment should be amended to indicate conviction of aggravated battery with a firearm not causing serious bodily injury. See Reber v. State, 611 So. 2d 91 (Fla. 2d DCA 1992); Hinkle v. State, 480 So. 2d 206 (Fla. 2d DCA 1985). Accordingly, the case is remanded. In all other respects, the decision below is affirmed.

Affirmed in part and remanded.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Sainfrene Saintelus v. State, 823 So. 2d 177 (Fla. 4th DCA 2002)
    …lling, a second degree felony. Since the judgment does not conform to the jury’s verdict, this should be corrected on appeal. See Lawson v. State, 470 So. 2d 109 (Fla. 4th DCA 1985)(judgment must conform to jury’s verdict); see also McPhee v. State, 657 So. 2d 70 (Fla. 3d DCA 1995)(remand to the trial court to conform the written judgment to the jury verdict). We accordingly remand to the trial court to conform the written judgment to the jury verdict. Appellant need not be present to correct this error.…
  • Mendez v. State, 944 So. 2d 545 (Fla. 3d DCA 2006)
    …harge to second-degree criminal mischief. This change was not reflected in the written judgment. As the State correctly concedes, the written judgment should be amended to reflect a conviction of second-degree criminal mischief. See McPhee v. State, 657 So. 2d 70 (Fla. 3d DCA 1995). Accordingly, the case is remanded. In all other respects, the decision below is affirmed.…

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