DEMELLO BOLWARE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1995-07-17
No. 95-695
BOOTH, MINER and MICKLE, JJ., concur.
668 So. 2d 200 Florida District Court of Appeal, First District (1995) Caution
Cited by 10 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the revocation of appellant’s probation and the sentences imposed thereon, but remand to the trial court to correct an error in the final judgment with respect to the degree of the trespass offenses of which appellant was convicted. The final judgment classifies these offenses as first-degree misdemeanors when, pursuant to the provisions of section 810.08(2)(a), Florida Statutes, the trespass offenses to which appellant pled are misdemeanors of the second-degree. We note that although the sentencing guidelines scoresheet prepared for the purpose of sentencing appellant likewise incorrectly reflects the degree of these crimes, that error did not affect the recommended or permitted range of the guidelines.

AFFIRMED but REMANDED to the trial court for correction of the final judgment as directed.

BOOTH, MINER and MICKLE, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • ST. John v. Coisman, 799 So. 2d 1110 (Fla. 5th DCA 2001)
    …version that may possibly apply to the instant case. When a trial court applies the wrong version of section 768.73, remand is generally required so that the trial court may apply the correct statute. See State Farm Mut. Auto. Ins. Co. v. Penland, 668 So. 2d 200, 205 (Fla. 4th DCA 1995). However, the 1993 version of section 768.73 does not apply to the instant case either because, unlike the 1999 statute, it provides that its application is limited to cases based on negligence, strict liability, products li…
  • Tirrell Tyrone Palmer v. State, 935 So. 2d 630 (Fla. 1st DCA 2006)
    …lant’s judgment and sentence but remand for correction of a scrivener’s error contained in the written judgment. See Diaz v. State, 910 So. 2d 894 (Fla. 1st DCA 2005) (remanding for correction of scrivener’s error in the judgment); Bolware v. State, 668 So. 2d 200 (Fla. 1st DCA 1995) (same). The judgment erroneously recites that' the appellant was convicted of aggravated battery causing great bodily harm under section 784.045(l)(a), when the appellant entered a plea to the lesser included offense of felony ba…
  • Claire's Boutiques, Inc. v. Locastro, 85 So. 3d 1192 (Fla. 4th DCA 2012)
    …See Atkins v. Humes, 110 So. 2d 663, 666 (Fla.1959) (“[J]urors of ordinary intelligence, sense and judgment are, in many cases, capable of reaching a conclusion, without the aid of expert testimony... .”); State Farm Mut. Auto. Ins. Co. v. Penland, 668 So. 2d 200, 202-03 (Fla. 4th DCA 1995) (“[T]he opinion of an expert should be excluded where facts testified to are of a kind that do not require any special knowledge or experience in order to form a conclusion.”). If a plaintiff does offer expert testimony,…

Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw