VINCENTE JIMENEZ
v.
STATE OF FLORIDA
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A judgment for aggravated battery must be corrected to remove erroneous references to 'PRIOR CONVICTION' and improper statutory citations that do not accurately reflect the charge.
[1] A trial court must correct a judgment of conviction to remove erroneous references to prior convictions and improper statutory citations from the description of the crime…
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Join FLexlaw to unlock all legal intelligenceVincente Jimenez was convicted of aggravated battery in the Nineteenth Judicial Circuit, and his judgment contained references to 'PRIOR CONVICTION' a…
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PER CURIAM.
The defendant raises four issues on appeal, only one of which has merit. We affirm his conviction for aggravated battery and his sentence, but we agree that his judgment improperly includes the words “PRIOR CONVICTION” in the description of the crime and improperly references section 784.03(2), Florida Statutes. Accordingly, we remand for the trial court to correct the judgment by removing these references. The defendant need not be present for the entry of the corrected judgment.
We affirm with respect to the remaining issues.
Remanded with instructions. CIKLIN, FORST and KUNTZ, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.