ROBERT T. BAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SHAHOOD, J.
We affirm appellant’s, Robert Baker, conviction following a trial by jury. Appellant was charged with aggravated stalking, burglary of a conveyance with battery, throwing a deadly missile into a vehicle, and aggravated assault. The jury found appellant guilty of burglary of a conveyance, a lesser included offense to the burglary of a conveyance with battery charge.
The judgment entered by the trial court reads that appellant was tried and found guilty of “Burglary Conv/Batt,” meaning burglary of a conveyance with battery. Appellee acknowledges, and we agree, that the case should be remanded to correct this scrivener’s error in the judgment to reflect that the jury found appellant guilty of burglary of a conveyance. See Valle v. State, 756 So. 2d 218 (Fla. 4th DCA 2000). Appellant must not be present to correct this scrivener’s error. Affirmed; Remanded with Directions.
POLEN and KLEIN, JJ., concur.
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Citator
Cited By
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Newby v. State, 945 So. 2d 636 (Fla. 4th DCA 2006)…a.2001); Parker v. State, 790 So. 2d 1033, 1035 (Fla.2001). Because the judgment of conviction incorrectly reflects that appellant entered a plea to these charges, we remand for correction to reflect that he was tried by jury.. See Baker v. State, 925 So. 2d 484 (Fla. 4th DCA 2006); Browning v. State, 932 So. 2d 1150 (Fla. 2d DCA 2006); Quintero v. State, 939 So. 2d 333 (Fla. 4th DCA 2006). Affirmed, but remanded to correct the scrivener’s error in the judgment. STEVENSON, C.J., and STONE, J., concur.…
Authorities Cited
- Matias Valle v. State, 756 So. 2d 218 (Fla. 4th DCA 2000)
- Renee B. v. State, 756 So. 2d 218 (Fla. 1st DCA 2000)