Legal Opinion

Montealegre v. State

District Court of Appeal of Florida

Decided March 28, 2013No. 5D12-499Published

1Per curiam

Marco Montealegre challenges his convictions for battery on a law enforcement officer, resisting with violence, petit theft, and trespass. We affirm the convictions and sentences without discussion, but remand the matter so that the trial court can correct an error in the judgment as it relates to the trespass conviction. As the State concedes, the judgment erroneously reflects a conviction for burglary rather than the lesser-included offense of trespass. Montealegre is entitled to a judgment that correctly reflects his convictions. See, e.g., Bell v. State, 93 So.3d 513, 514 (Fla. 5th DCA…

2Cases cited5 opinions

  1. Davis v. StateDistrict Court of Appeal of Florida · 1988
  2. Lopez-Vasquez v. StateDistrict Court of Appeal of Florida · 2007
  3. Lamm v. StateDistrict Court of Appeal of Florida · 2004
  4. Wiggins v. StateDistrict Court of Appeal of Florida · 2008
  5. Bell v. StateDistrict Court of Appeal of Florida · 2012

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