Saintelus v. State

We affirm appellant’s conviction and sentence on all issues raised except the final issue dealing with the written judgment. Appellee concedes, and we agree, that the written judgment in this case improperly states that appellant was convicted of burglary of a dwelling with a battery, a first degree felony, punishable by life. However, appellant was convicted of only burglary of a dwelling, a second degree felony. Since the judgment does not conform to the jury’s verdict, this should be corrected on appeal. See Lawson v. State, 470 So.2d 109 (Fla. 4th DCA 1985)(judgment must conform to jury’s…