Legal Opinion

Carter v. State

District Court of Appeal of Florida

Decided July 8, 2009No. 2D08-2256PublishedCited by 2 opinions

1Opinion of the Court

LaROSE, Judge.

Michael Andrew Carter appeals his conviction and sentence for robbery with a weapon. We affirm. Mr. Carter correctly notes, however, that the written judgment mistakenly reflects a conviction for robbery with a firearm or deadly weapon instead of robbery with a weapon. See § 812.13(2)(a), (b), Fla. Stat. (2006). As the State concedes, remand is necessary to correct this scrivener’s error. See Flesner v. State, 890 So.2d 331, 332 (Fla. 2d DCA 2004).

Affirmed, but remanded for correction of scrivener’s error.

KHOUZAM and CRENSHAW, JJ., Concur.

2Cases cited1 opinion

  1. Flesner v. StateDistrict Court of Appeal of Florida · 2004

3Cited by2 opinions

  1. Mann v. StateDistrict Court of Appeal of Florida · 2011
  2. Dixon v. StateDistrict Court of Appeal of Florida · 2009