Legal Opinion

Brinson v. State

District Court of Appeal of Florida

Decided November 17, 2010No. 2D09-2366PublishedCited by 1 opinion

1Opinion of the Court

DAVIS, Judge.

David Brinson, Jr., challenges his robbery sentence, which was imposed upon resentencing after reversal of his violent career criminal (VCC) sentence. See Brinson v. State, 995 So.2d 1047, 1049 (Fla. 2d DCA 2008). We affirm Brinson’s sentence without comment. We remand for the limited purpose of correcting a scrivener’s error which appears on the face of the judgment. The written judgment correctly reflects that Brinson was convicted of a second-degree felony, but it incorrectly identifies that felony as armed robbery, which is actually a first-degree felony. See § 810.02(2)(b),…

2Cases cited2 opinions

  1. Brinson v. StateDistrict Court of Appeal of Florida · 2008
  2. Newson v. StateDistrict Court of Appeal of Florida · 2004

3Cited by1 opinion

  1. Matthews v. StateDistrict Court of Appeal of Florida · 2010

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