O'Donnell v. State

Thomas James O’Donnell appeals his judgments and sentences for burglary and criminal mischief. We affirm in all respects except for the judgment for criminal mischief, which we reverse and remand for the correction of a scrivener’s error. Although charged with criminal mischief as a third-degree felony, Mr. O’Donnell was convicted of this offense as a second-degree misdemeanor. He was properly sentenced, but his judgment reflects that the offense is a third-degree felony. This scrivener’s error shall be corrected on remand.

We note that counsel for Mr. O’Donnell filed a motion to mitigate…