Fuller v. State

Appellant, Samuel Louis Fuller (the “defendant”), appeals his conviction for second-degree felony burglary of a dwelling, his sentence of seven years, and the trial court’s order revoking his probation. We agree with the defendant that based upon his plea to a third-degree burglary charge, the entry of judgment for second-degree burglary was obviously error. Accordingly, the written judgment must be corrected nunc pro tunc to reflect that the defendant was convicted of third-degree burglary of a structure. See Healey v. State, 464 So.2d 213 (Fla. 3d DCA 1985); McKie v. State, 314 So.2d 201…