JIREH RANDALL KLEPPINGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Jireh Randall Kleppinger challenges his judgment and sentences for attempted second-degree murder, escape, kidnapping, and depriving an officer of means of communication or protection. We affirm the judgment and sentences1 but remand for correction of two scrivener’s errors. The judgment incorrectly denotes November 17, 1997, as the date of the judgment rather than November 19, 1997. The judgment also lists attempted second-degree murder as a first-degree felony rather than as a second-degree felony. The State acknowledges these errors, and the trial court shall correct them on remand.
Affirmed in part, and reversed in part with directions.
PARKER, A.C.J., and WHATLEY, J„ and DANAHY, PAUL W., (Senior) Judge, Concur. . We affirm Kleppinger’s attempted second-degree murder conviction based on Brown v. State, No. SC95844, -So. 2d -, 2000 WL 1472598 (Fla. Oct.5, 2000).
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Jireh Kleppinger v. State, 81 So. 3d 547 (Fla. 2d DCA 2012)…is direct appeal was pending, the Supreme Court issued its Apprendi opinion. This [*549] court subsequently affirmed his convictions and sentences, remanding only for correction of two scrivener’s errors in the written judgment. Kleppinger v. State, 779 So. 2d 472 (Fla. 2d DCA 2000). Mr. Kleppinger’s direct appeal was final on November 27, 2000, when the mandate issued. The Guidelines Departure Sentence vis-á-vis Apprendi and Blakely In his rule 3.800(a) motion, Mr. Klep-pinger does not name a particular se…
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Cartegena v. State, 909 So. 2d 414 (Fla. 5th DCA 2005)…stories regarding who was aggressor). This is not a case in which Car-tegena was requesting an instruction on the justifiable use of deadly force, while at the same time denying that he used a knife, which would have been improper. Jemmott v. State, 779 So. 2d 472 (Fla. 2d DCA 2000)(where defendant denied use of deadly weapon, he was not entitled to instruction on justified use of deadly force). REVERSED and REMANDED. PLEUS, C.J., and ORFINGER, J., concur.…
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Williams v. State, 65 So. 3d 1209 (Fla. 2d DCA 2011)…— felony battery and simple battery. Because Williams denied using a knife in the fight, the trial court properly denied the request for the instruction on the justifiable use of deadly force for the aggravated battery charge. See Jemmott v. State, 779 So. 2d 472, 474-75 (Fla. 2d DCA 2000). The record reflects that the trial court acknowledged that the requested instruction for the justifiable use of nondeadly force would be proper for the simple battery charge but concluded that it would not apply to the fe…
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