Jackson v. State, 192 So. 3d 649 (Fla. 2d DCA 2016). · Go Syfert
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Jackson v. State, 192 So. 3d 649 (Fla. 2d DCA 2016). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: Morgan v. State (fladistctapp, 2017-10-13)
Top citers, strongest first. 2 distinct citers.
cited Cited "see" Morgan v. State
Fla. Dist. Ct. App. · 2017 · signal: see · confidence high
See Jackson v. State, 192 So.3d 649 (Fla. 2d DCA 2016); Riley v. State, 622 So.2d 94 (Fla. 2d DCA 1993); Culbertson v. State, 547 So.2d 725 (Fla. 2d DCA 1989).
cited Cited "see" Morgan v. State
Fla. Dist. Ct. App. · 2017 · signal: see · confidence high
See Jackson v. State, 192 So. 3d 649 (Fla. 2d DCA 2016); Riley v. State, 622 So. 2d 94 (Fla. 2d DCA 1993); Culbertson v. State, 547 So. 2d 725 (Fla. 2d DCA 1989).
Trevon L. JACKSON, Appellant,
v.
STATE of Florida, Appellee
2D15-138.
District Court of Appeal of Florida, Second District.
May 27, 2016.
192 So. 3d 649
Howard L. Dimmig, II, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant., Pamela Jo Bondi, Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee.
Badalamenti, Villanti, Wallace.
Cited by 2 opinions  |  Published
BADALAMENTI, Judge.

Trevon L. Jackson appeals his conviction and sentence for attempted burglary of an occupied dwelling in violation of sections 810.02(1) and (3)(a) and section 777.04, Florida Statutes (2013). Both the State and Mr. Jackson agree that the written judgment improperly identifies the attempted burglary of an occupied dwelling as a second-degree felony, rather than a third-degree felony. Accordingly, we remand with instructions for the trial court to correct that scrivener’s error in the written judgment. We affirm Mr. Jackson’s conviction and sentence in all other respects.

The information and the Criminal Punishment Code scoresheet correctly classified attempted burglary of an occupied dwelling as a third-degree felony. The judgment, however, erroneously lists the attempted burglary of an occupied dwelling as a second-degree felony. Mr. Jackson does not claim that this error affected the execution of his sentence. The State laudably notes that there is no indication in the record that anyone operated under a mistaken notion that Mr. Jackson’s crime was a second-degree felony. As such, this error was simply a scrivener’s error that can be corrected by the trial court upon'remand. See King v. State, 177 So.3d 4, 7 (Fla. 2d DCA 2015) (remanding for correction of scrivener’s error that incorrectly listed a second-degree murder conviction as a first-degree murder conviction on the written judgment).

Although we affirm Mr. Jackson’s sentence and conviction, we remand for the trial court to correct the written judgment to reflect that the attempted burglary of an occupied dwelling conviction is a third-degree felony.

Affirmed; remanded with instruction to correct scrivener’s error.

VILLANTI, C.J., and WALLACE, J., Concur.