JONATHAN MENDEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2006-12-27
No. 3D06-477
Before RAMIREZ, SHEPHERD, and SUAREZ, JJ.
944 So. 2d 545 Florida District Court of Appeal, Third District (2006)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant appeals three issues stemming from a jury verdict adjudicating defendant guilty of one count of battery on a law enforcement officer, one count of resisting an officer with violence, and one count of first-degree criminal mischief. The trial court orally entered a directed verdict, reducing the first-degree criminal mischief charge to second-degree criminal mischief. This change was not reflected in the written judgment. As the State correctly concedes, the written judgment should be amended to reflect a conviction of second-degree criminal mischief. See McPhee v. State, 657 So. 2d 70 (Fla. 3d DCA 1995). Accordingly, the case is remanded. In all other respects, the decision below is affirmed.


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