CUNNINGHAM v. STATE (2023)

District Court of Appeal of Florida, Fourth District.

Natoya CUNNINGHAM, Appellant, v. STATE of Florida, Appellee.

No. 4D22-1631

Decided: April 19, 2023

Carey Haughwout, Public Defender, and Erika Follmer, Assistant Public Defender, West Palm Beach, for appellant. Ashley Moody, Attorney General, Tallahassee, and Rachael Kaiman, Assistant Attorney General, West Palm Beach, for appellee.

We affirm appellant's convictions and sentences without discussion. See Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022). However, we remand for correction of scrivener's errors in the scoresheet and judgment. The scoresheet lists section 784.045(1)(a)2., Florida Statutes, as the primary offense and the judgment states that appellant was convicted under section 784.045(1)(a)1., Florida Statutes. Both appellant and the state agree that the scoresheet and judgment should cite section 784.045(1)(a) without referencing any specific subparagraph because the jury did not make a finding as to whether the aggravated battery was based on great bodily harm or the use of a deadly weapon. Accordingly, on remand, the trial court shall make these corrections.

Affirmed and remanded with instructions.

Per Curiam.

Gross, Conner and Forst, JJ., concur.

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