GARY MCCUTCHEON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GARY MCCUTCHEON, APPELLANT,
STATE OF FLORIDA, APPELLEE
96 So. 3d 1091
Florida District Court of Appeal, Fourth District (2012)
Positive Treatment
Cited by 1 case
Opinion of the Court
Appellant’s convictions are affirmed. State v. Adkins, 96 So.3d 412 (Fla.2012). The state concedes that a scrivener’s error occurred on appellant’s sentence in case number 09-10979CF10A when appellant was sentenced as a habitual offender on the grand theft count. For that reason, we remand with directions for the trial court to delete the habitual offender designation on appellant’s sentence for grand theft.
Affirmed, but remanded for correction of sentence.
GROSS, LEVINE, JJ., and ROSENBERG, ROBIN L„ Associate Judge, concur.
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Citator
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Leonor Rissotto Carvajal v. Penland, 120 So. 3d 6 (Fla. 2d DCA 2013)…rely on such statements, we agree with Ms. Penland that those claims have not been properly preserved for appeal. See Murphy, 766 So. 2d at 1027; USAA Cas. Ins. Co. v. Howell, 901 So. 2d 876, 879 (Fla. 4th DCA 2005); see also Santiago v. Abramovitz, 96 So. 3d 1091, 1093 (Fla. 4th DCA 2012) (“As for the closing argument, when the defendant made the allegedly inflammatory argument, the plaintiff did not object. The plaintiff also did not raise this challenge in her motion for new trial. Thus, the plaintiffs cha…
Authorities Cited
- State v. Adkins, 96 So. 3d 412 (Fla. 2012)