RAYFIELD MAJOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, Rayfield Major, was tried by jury and convicted of attempted robbery with a weapon, as charged in the information. In the sentencing order, the trial court indicated that appellant was found guilty of attempted robbery with a deadly weapon instead of attempted robbery with a weapon. Attempted robbery with a weapon is a second degree felony while attempted robbery with a deadly weapon is a first degree felony. See §§ 777.04(4)(b), 812.13(2)(a)-(b), Fla. Stat. (2002).
The State concedes that the judgment was the result of an apparent scrivener’s error since the trial court stated that appellant was found guilty of attempted robbery with a weapon and sentenced appellant as a habitual offender to the term available for a second degree felony. We, therefore, affirm the conviction, but remand to the trial court to correct the clerical error and enter an amended sentencing order. STEVENSON, SHAHOOD and GROSS, JJ., concur.
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Betty v. State, 7 So. 3d 586 (Fla. 4th DCA 2009)…denial of a rule 3.800(a) motion to correct an illegal [*587] sentence. We affirm the denial but for reasons different from those argued by the State and adopted by the trial court.1 We also write to correct a misstatement of law in Major v. State, 900 So. 2d 759 (Fla. 4th DCA 2005), that has led to some confusion in this case. Betty was convicted of attempted robbery with a deadly weapon and sentenced as a habitual felony offender to thirty years in prison. Citing Major, the State has argued that this offe…