GEORGE SKELLIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*1291] PALMER, J.
George Skellie appeals his judgment and sentence which were imposed by the trial court following his entry of a plea of nolo contendere. Skellie’s sentence conforms to the terms of his plea bargain and is otherwise legal. Accordingly, the sentence is affirmed. However, a scrivener’s error appears in the judgment, which erroneously lists count I as burglary of a structure when it should have listed it as burglary of a dwelling. Although originally charging Skellie with committing a burglary of a structure, the State filed an amended information charging him with committing a burglary of a dwelling. Defense counsel agreed that Skellie was entering a plea to the charge of burglary of a dwelling as listed on the sentencing guidelines score sheet. Accordingly, we vacate the judgment and remand to the trial court to enter a corrected judgment reflecting count I as burglary of a dwelling.
AFFIRMED in part; VACATED and REMANDED in part.
COBB and ORFINGER, R.B., JJ., concur.
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Skellie v. State, 849 So. 2d 1220 (Fla. 5th DCA 2003)…4 August 2000, announced that its decision would not apply retroactively to convictions that were already final. Skel-lie’s conviction was on appeal at the time the final Delgado opinion was issued, and therefore was not final. See Skellie v. State, 796 So. 2d 1290 (Fla. 5th DCA 2001). However, the nullification of Delgado was stated by the legislature to apply retroactively to 1 February 2000. See § 810.015(2), Fla. Stat. (2002). It has been questioned whether the legislature could nullify Delgado retroactive…