ROSA WEST, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WEBSTER, Judge.
In this direct criminal appeal, appellant raises only one issue. She claims that the written judgment adjudicating her guilty of burglary of a structure incorrectly identifies that offense as a first-degree felony punishable by a term of years not exceeding life in prison when, in fact, the offense is a third-degree felony. The state responds that we must affirm because the issue raised does not result in any prejudice to appellant and was not preserved, and does not constitute fundamental error. We agree. See § 924.051(3), Fla. Stat. (1997). The scrivener’s error might easily have been corrected, thereby avoiding expenditure of the time and money associated with this appeal, had appellant simply brought it to the trial court’s attention pursuant to Florida Rule of Criminal Procedure 3.800(b).
AFFIRMED.
JOANOS and ALLEN, JJ., concur.
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Wright v. State, 730 So. 2d 733 (Fla. 1st DCA 1999)…PER CURIAM. AFFIRMED. See West v. State, 718 So. 2d 908 (Fla. 1st DCA 1998). MINER, WOLF and PADOVANO, JJ., concur.…
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Hudson v. State, 728 So. 2d 1224 (Fla. 1st DCA 1999)…er issue was preserved, and neither would amount to fundamental error. Accordingly, we affirm. § 924.051(3), Fla. Stat. (1997). See, e.g., Seccia v. State, 720 So. 2d 580 (Fla. 1st DCA 1998), review granted, 727 So. 2d 910 (Fla.1999); West v. State, 718 So. 2d 908 (Fla. 1st DCA 1998); Neal v. State, 688 So. 2d 392 (Fla. 1st DCA 1997). AFFIRMED. BOOTH, JOANOS and WEBSTER, JJ., CONCUR.…
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Jacobson v. State, 734 So. 2d 1085 (Fla. 1st DCA 1999)…PER CURIAM. AFFIRMED. See West v. State, 718 So. 2d 908 (Fla. 1st DCA 1998). MINER, WOLF and PADOVANO, JJ., concur.…